In simple cases, divorce is possible without an attorney. In what’s informally known as a DIY divorce, you can get the required forms from your local magistrate’s court or use an online divorce service. This process is for simple and uncontested cases.
How much does it cost to file for divorce in South Africa?
An uncontested divorce can cost anything between R800 and R20 000. The cost mostly depends on the complexity of the divorce settlement agreement and the complexity surrounding the care and contact of any minor children.
What documents do I need for a divorce in South Africa?
When you want to apply for a divorce, ensure that you have your official South African ID and your marriage certificate. Any other documents needed will be provided by the court or law firm. When you apply for a divorce, you will need to get a summons, a document that orders you to be at court.
How do I get a divorce in South Africa?
You would need to file an Application in a Case and an Affidavit. You should get legal advice. You can call the free Legal Help Line on 1300 366 424 if you need advice or help with your divorce application.
Who pays for a divorce in South Africa?
Always a significant issue in a divorce case are the legal costs and who must pay. The truth is that if one spouse is unemployed and the other the major breadwinner, the breadwinner at the end of the day will have to pay the costs of both sides, or at least contribute thereto.
What is the fastest way to get a divorce in South Africa?
An uncontested divorce in South Africa
The process proceeds quickly if both parties agree to the divorce and reach a settlement on childcare and financial issues. Uncontested divorces are the quickest and cheapest option. They involve both parties working with the same attorney to forge an agreement.
Who pays for divorce costs?
A common question we encounter as Divorce Solicitors is “Who has to pay the legal costs for the divorce?” The general rule is that each person getting divorced will pay their own legal fees, and the person applying for the divorce will be responsible for covering Court Fees and other costs.
Where is the easiest place to get a divorce?
Top 7 places to get a fast divorce
- 1) Alaska. Potential time to divorce: 30 days (1 month) …
- 2) Nevada. Potential time to divorce: 42 days (6 weeks) …
- 3) South Dakota. Potential time to divorce: 60 days (2 months) …
- 4) Idaho. Potential time to divorce: 62 days (just under 9 weeks) …
- 5) Wyoming. …
- 6) New Hampshire. …
- 7) Guam.
Can my husband divorce me without me knowing?
Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse’s divorce petition, it will delay the process, but not prevent divorce altogether.
How long does it take to get divorce in South Africa?
An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.
What are the 5 grounds for divorce?
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
- Venereal disease.
- Presumption of death.
What can you not do during a divorce?
Top 10 Things NOT to Do When You Divorce
- Don’t Get Pregnant. …
- Don’t Forget to Change Your Will. …
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
- Don’t Sleep With Your Lawyer. …
- Don’t Take It out on the Kids. …
- Don’t Refuse to See a Therapist. …
- Don’t Wait Until After the Holidays. …
- Don’t Forget About Taxes.
What are the five stages of divorce?
The five stages of divorce follow the common five stages of grief: denial, anger, bargaining, depression, and acceptance. When a couple is going through a divorce, both people involved experience these stages at different times, in different ways.
How much do lawyers charge per hour in South Africa?
21.72% answered that they charged between R1000 and R1500 per hour, 39.70% charged between R1500 and R2000 per hour and 11.24% saying they charged more than R2000.
Do It Yourself Divorce South Africa?
With a DIY divorce, the agreeing parties fill in an online questionnaire, a lawyer reviews the submission and once it is confirmed that everything is correct, the relevant documents are returned – sometimes within 48 hours. The couple can then go to court with the correct paperwork.
How much is the cheapest divorce?
Filing for an uncontested divorce yourself, without the aid of an attorney, is the cheapest route. You’ll have approximately a $300 fee to file your documents with the court, whether you file yourself or with the help of an online service.