Going through a divorce in South Africa can feel overwhelming, but understanding the divorce process step-by-step makes it more manageable. Whether you’re dealing with an uncontested or contested divorce, knowing your rights and responsibilities is key to making informed decisions.
What is the divorce process in South Africa?
The divorce process in South Africa is a legal procedure that ends a civil marriage or civil union. It begins when one or both spouses decide to separate permanently and file for divorce in either the High Court or a Regional Magistrate’s Court. The process involves various legal and administrative steps including the drafting of summons, negotiation of settlement agreements (if applicable), and the final decree of divorce issued by a judge.
What is the difference between a contested and uncontested divorce?
An uncontested divorce is when both parties agree on key issues like property division, child custody, and maintenance. It is typically quicker and less costly. A contested divorce, on the other hand, occurs when the spouses cannot reach agreement, requiring court intervention to settle disputes. Contested divorces can take months or even years to conclude depending on the complexity.
Which court handles divorce cases in South Africa?
Divorces are handled either by the High Court or the Regional Magistrate’s Court, depending on where the spouses reside. The High Court often handles more complex matters or cases involving substantial assets, while the Regional Court is suited for more straightforward cases. Your attorney can advise on the appropriate venue based on your circumstances.
What are the grounds for divorce in South Africa?
South African law recognises only one ground for divorce: the irretrievable breakdown of the marriage. This means there is no reasonable chance of restoring the marriage. Evidence might include living apart for an extended period, adultery, abuse, or the loss of affection. In cases involving mental illness or unconsciousness, specific medical criteria must be met.
What documents are needed to begin the divorce process?
To initiate the divorce process, the following documents are typically required:
- A copy of the marriage certificate
- Identity documents of both spouses
- Proof of residence
- Details of any children of the marriage
- Any prenuptial or antenuptial contract
- A proposed settlement agreement (if available)
Your attorney will help compile these documents and prepare the summons and other legal filings.

How long does the divorce process take?
The timeline depends largely on whether the divorce is contested or uncontested. An uncontested divorce can be finalised within 4 to 6 weeks if all documents are in order. A contested divorce, however, may take several months or even years depending on the number and complexity of disputes. Delays may also be caused by court backlogs or uncooperative parties.
What happens to children during the divorce?
In all divorces involving minor children, the court prioritises the best interests of the child. Parents may need to develop a parenting plan that outlines where the child will live, visitation rights, schooling arrangements, and more. The plan must be approved by the Family Advocate, a court official who ensures children’s rights are protected. Agreements regarding maintenance (financial support) for children must also be detailed.
Do you need an attorney to get divorced?
While it is legally possible to file for divorce without an attorney, especially in uncontested cases, having a family law attorney ensures your rights are protected and the process is completed correctly. Attorneys help draft legally sound settlement agreements, navigate court procedures, and avoid costly mistakes. For complex divorces involving assets or children, professional guidance is strongly recommended.
What costs are involved in the divorce process?
Costs vary depending on whether the divorce is contested or uncontested. An uncontested divorce is more affordable and may cost between R8,000 and R15,000. Contested divorces are more expensive due to court appearances, negotiations, and extended timelines—these costs can easily exceed R50,000 or more. Legal fees, court fees, sheriff’s fees, and costs for reports (e.g. from social workers or psychologists) may apply.
How can Andrew Scott Attorneys help with the divorce process?
Andrew Scott Attorneys has extensive experience handling both contested and uncontested divorces in South Africa. We offer personal guidance through each stage of the divorce process—from the drafting of documents to court representation and parenting plans. Whether you need help with maintenance, custody rights, or asset division, our team provides clear advice and professional support to protect your interests.
Visit our website or get legal advice now to speak with a trusted family law expert in Durban.