how to get divorced without a lawyer in south africa

Do it yourself divorces/filing for divorce in South Africa online. 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.

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Is it easy to get a divorce in South Africa?

You can do it yourself quickly and easily if you both agree on the terms of the divorce. Our DIY divorce pack contains detailed step by step instructions and all the forms and legal documents you need to get a divorce anywhere in South Africa. With or without kids. The easy do-it-yourself divorce forms pack.

Is it possible to get a divorce without a lawyer?

The legislator and the judicial system have made the divorce process possible for anyone without the need of legal representation. Our company has dedicated themselves, with the assistance of specialists in this field to make it possible for the individual to confidently handle and finalize the divorce process themselves.

Can a marriage be annulled in South Africa without divorce?

If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent. In special circumstances you may get your marriage annulled. An annulment differs from a divorce in that it not only dissolves the marriage but also wipes it off the record. Legal separation does not exist in South Africa ...

Can you legally separate from your husband in South Africa?

Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. According to the law, you are still married. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court.

Can I do my own divorce in South Africa?

Doing your own divorce might be an option when:your divorce is uncontested;your divorce is not complicated;you have been married for a short period of time;you don't have substantial assets to divide;there are no disputes regarding any children; and/or.you are prepared to do all the admin yourself.

How much does it cost to file for divorce in SA?

South African Divorce Lawyers charge hourly rates of between R800 and R4000 per hour. Unopposed divorces are often charged at fixed prices which varies between R10 000 and R20 000. Divorce Lawyers are not allowed to work on divorce matters on a contingency fee basis.

How much does an uncontested divorce cost in South Africa?

between R800 and R20 000An 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.

Can I get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

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 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's the quickest you can get a divorce?

A divorce that is no-fault and uncontested will be the fastest way to get divorced because you're agreeing with your spouse about everything. Depending on your state, your divorce could take from one to several months. If your divorce is contested, your divorce could take a lot longer.

Can I get divorce papers online in South Africa?

Divorce does not need to be a difficult process. In South Africa you can apply for divorce papers online through an easy process is both you and your spouse agree to the full terms of an uncontested divorce.

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

What documents are needed for divorce in South Africa?

You will need: Your official South African identity document. Marriage certificate. The court or law firm will provide any other documents....Default DivorceYour partner will receive a summons with a date. ... If they do not respond, you can apply to the High Court, to add it to the roll.More items...•

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

What happens if you don't agree to divorce?

If you and your spouse can’t agree on divorce terms, or one party decides to dispute the reason for the divorce, a contested divorce is the next step – although this can be a far more long-winded process.

How to get a DIY divorce?

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. These include when a couple has only been married a short time or where there are no disputes.

How long do you have to share debts after divorce?

Generally, assets and debts are shared when you get divorced, unless a premarital contract was agreed. This isn’t always the case, however; rules change over time and the legal situation when you got married governs the division of assets. Once you provide your divorce summons, your spouse has 10 days (or 20 if they’re in a different province) ...

What is the quickest and cheapest divorce?

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. This agreement then goes to the court. Advertisement.

How to get divorce summons?

Once you provide your divorce summons, your spouse has 10 days (or 20 if they’re in a different province) to respond. When applying for a divorce, you’ll need: 1 Details of your marriage, including the date and location of the marriage 2 Your names and address details 3 Details of any children 4 Grounds for divorce

How long does it take to get divorce summons?

Once you provide your divorce summons, your spouse has 10 days (or 20 if they’re in a different province) to respond. When applying for a divorce, you’ll need: Details of your marriage, including the date and location of the marriage. Your names and address details. Details of any children.

What is a contested divorce?

Contested divorces involve going to court and passing through various stages, as follows: Pleadings – Establishes the facts surrounding the summons of the divorce and the defence, and allows the defendant to make a plea and any counterclaims.

How long does it take to get a divorce?

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.

How does a divorce start?

Summons. A divorce is usually started by way of a summons. The divorce action is deemed to have been instituted on the date the summons was issued. Unless there is a settlement between the parties, the summons culminates in a trial and the delivery of a judgment.

What happens if the defendant does not answer by way of a notice of defense within the allotted time?

If the defendant does not answer by way of a notice of defense within the allotted time, the plaintiff may approach the court to enroll the divorce on the court roll and conclude the divorce on the defendant’s default. In such a case, only the plaintiff appears in court.

What is the least expensive divorce?

A settlement agreement is then drafted with the help of the attorney, entered into (signed) by both parties, and made an order of the court. An uncontested divorce is without a doubt the least expensive type of divorce. Default divorces. A default divorce is a form of uncontested divorce.

What is an uncontested divorce?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial.

What determines the assets of a marriage in South Africa?

In South Africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the divorce.

Who serves a divorce summons?

A divorce summons is unique in that it must be served personally on the defendant by the sheriff of the court. A court has jurisdiction in a divorce action if one or both parties are: domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or.

How many divorces are there in South Africa?

The divorce rate in South Africa is one of the highest in the world, with the country recording more than 25,000 cases yearly. Every couple has their reasons for wanting to end their marital covenant. If your marriage was done through religion in the presence of registered marriage officers, a civil union, or a civil wedding ceremony, it can only be ended by a court order. To do it right, you need to know how to get a divorce in South Africa.

What happens if my spouse doesn't respond to the summons?

This choice has reduced expenses, saves time, and causes less emotional distress. If your partner fails to respond within the stated period, you can add it to the roll, then the court can dissolve the marriage.

Why is lack of response considered an agreement?

Lack of response is treated as an agreement because the court does not need the approval of your spouse if there is enough evidence to prove that the union cannot work.

Is divorce legal in South Africa?

To do it right, you need to know how to get a divorce in South Africa. Separation is not legal in Mzansi, which means divorce is the only way out. Divorce is a legal issue that must be done right, failure to which the partners may experience complications in the future.

Complete South Africa DIY divorce papers for only R760.00

You don’t need to hire an expensive lawyer for an uncontested divorce. You can do it yourself quickly and easily if you both agree on the terms of the divorce. Our DIY divorce pack contains detailed step by step instructions and all the forms and legal documents you need to get a divorce anywhere in South Africa. With or without kids.

The easy do-it-yourself divorce forms pack

I was nervous about doing the divorce myself because I thought it would be very complicated but I also couldn’t afford to spend any more money. (I just moved into my own flat). I ordered the DIY divorce pack and it arrived in a couple of days. Filling in the forms was easy. There is even a CD so you can print more copies if you mess something up.

Save thousands with a cheap do it yourself divorce

An unopposed divorce is cheap and easy if you fill in the forms yourself. Most lawyers will charge you a fortune to fill in these forms and file them at the court for you. There is no reason to spend this money if you’re both agree. An uncontested divorce can be handled simply, quickly and cheaply so you can get on with your life.

How to do your own divorce

You don’t have to read this part right now. We’ll send you detailed step-by-step instructions on how to get divorced in South Africa. But, if you’re feeling curious here’s how to get a really cheap divorce.

WELCOME TO DIY DIVORCE, THE MOST COMPETITIVE ONLINE DO-IT-YOURSELF DIVORCE SITE SERVICING CLIENTS THROUGHOUT SOUTH AFRICA!

If you and your spouse have decided to get divorced and you are in agreement on all the terms regarding the divorce this site is for you!

What Others Have To Say

On the whole a positive experience. Was successful in obtaining the divorce. The process was a bit cumbersome with the explanation of the steps not fitting in all that well, maybe because of different province. A lot of copying was not necessary, wasted paperwork. Can't recall exactly where, what process the wasted paperwork involved? Thanks

What is uncontested divorce in South Africa?

Uncontested divorce in South Africa. This is when both parties have already agreed to get their marriage dissolved and have a childcare plan in place. They have also decided on the management of all financial issues. It is the fastest and cheapest option, but it also demands maturity from both parties.

Why is marriage dissolution acceptable in South Africa?

The reasons for the dissolution of marriage that are acceptable in South Africa include: Adultery. Physical violence and mental torture. The absence of love between the couple. The institutionalisation of a partner due to mental illness for a minimum of 2 years with no hope for recovery.

What happens before a divorce hearing?

Divorce hearings. Before any marriage is dissolved, there must be a hearing in a court of law. During the hearing, you will confirm all the details provided in the application. A family court is always faster and cheaper compared to using the High Court.

How to dissolve a marriage?

What do you need to get the marriage dissolved? 1 Date and location of the marriage event 2 Details of children 3 Grounds for the dissolution

Is annulment easy in South Africa?

The annulment process in South Africa is either relatively easy and straightforward or rough and complicated, depending on the circumstances. READ ALSO: Divorce rates increase, fewer South Africans getting married. Read also. Detailed guideline on how to get divorce in South Africa.

Law Society of South Africa

The premier body of professional lawyers in South Africa, they offer free legal services as part of the initiative to make legal advocacy available to ordinary South Africans.

Western Cape Government Legal Assistance Office

An initiative of the government of Western Cape. However, you must meet certain requirements to determine before you can be granted legal aid. Consult the office with the information below.

Law Offices of Karen Olivier Family Law

This is a Law office that has provided free divorce lawyer’s services to South Africans in the past. Please contact them to know if you qualify to get free services.

UWC Legal Aid Clinic

This is a Non Profit Organization that offers free legal services, including free divorce lawyers to marginalized communities in South Africa.

Martin Vermaak Attorneys

Physical Address: 14 Ballyclare Drive Sandton, Bryanston, Johannesburg, 2191, South Africa

Legal Aid SA Klerksdorp

Address: 19 Bram Fischer St, Klerksdorp Central, Klerksdorp, 2570, South Africa

To Use the Services of Free Divorce Lawyers In South Africa: Step by Step Guide

From the list of available free divorce lawyers choose one that is close to your residence, at least in your city, or in your state.