When it comes to the breakdown of a marriage, the affected parties will often find themselves with mixed emotions while simultaneously knowing that they will need to tackle the process of getting divorced. Most people in this situation hope their divorce will go uncontested and get sorted out quickly and efficiently. So how do you go about getting a quick and easy divorce in South Africa?
The two ways to get a quick and easy divorce in South Africa rely on it being an uncontested divorce. The first way is to hire a divorce attorney to help you complete the paperwork correctly, submit it to the court sheriff, and handle court proceedings. The second way is to manage your divorce yourself.
No matter what kind of divorce you are going through, it will follow the same procedure, from filling out paperwork to submitting it to the courts to having a sheriff serve the summons on your soon-to-be ex-partner. From there, things can go smoothly and quickly in an uncontested divorce, or they can get tricky if your divorce is contested. This article will focus on an uncontested divorce or a quick and easy divorce in South Africa.
What Are The Two Ways To Get A Quick And Easy Divorce?
The couple must agree on a few things for a divorce to be uncontested. These include whether or not they wish to get divorced, how they will split their assets, if maintenance is required and how much if it is, who will get custody of the children, and how they will organise the payment of child maintenance.
If you and your spouse can agree on these terms, then your divorce should be a pretty straightforward case. Straightforward divorces are relatively quick and easy in South Africa. All you need to do is decide whether you will get a divorce attorney involved or if you wish to do it yourself.
DIY Divorces In South Africa
One way to get a quick and easy divorce in South Africa is to do it yourself. This method is often the least expensive and takes approximately four weeks to complete, depending on where you are in the country, and so long as all the paperwork is filled out correctly and the correct divorce procedure is followed.
A DIY divorce might be an option if:
- Your divorce is uncontested;
- You were only married for a short period;
- You have an uncomplicated divorce;
- You are happy to complete all the admin yourself;
- Assets are easy to divide;
- You have no disputes with your spouse regarding child custody or maintenance issues;
If any of the above apply, you should be ready to get going with your DIY divorce. There are two ways to get this quick and easy divorce in South Africa. You can get the required paperwork from your local magistrate’s court or download the forms online from an online divorce service.
If you go with an online divorce platform, you should do some research first to discover which one is the best platform. There are several available in South Africa. Yet, the process is relatively straightforward, whichever one you choose.
- First, the agreeing parties will fill out an online questionnaire.
- Next, a lawyer associated with that online platform will review your submission and confirm that everything is filled out correctly. If it is not, they will let you know if they require more information from you.
- Then, they will return the relevant documents to you, which typically takes around 48 hours. With the returned documents, the lawyer will give you details on the steps involved in their submission.
- From there, you can take the completed paperwork to the courts.
If you decide not to use an online platform, you would need to ask the clerk at the magistrate’s court to provide you with the paperwork and fill it in yourself. Although, one thing to remember is that a divorce is a complex process, and if you do not fill out the paperwork correctly with the right attached documentation, this could slow down the process and make your divorce take longer.
In a quick and easy divorce in South Africa, the process should then go as follows:
- You will submit the required documentation to the clerk at the magistrate’s court.
- They will then organise for a court sheriff to serve the papers on your partner.
- Once the documents have been served, a court date can be set.
- Only the plaintiff or the person who started the process must appear in court on the given day.
- The presiding judge will then decide whether or not to grant your divorce, although if you are both amicable and have filled out your forms correctly, you should get your divorce.
Utilizing The Services Of A Divorce Attorney
The second way to get a quick and easy divorce in South Africa is to utilize the services of a divorce attorney. This method might be costlier but does ensure the best possible outcome in the least amount of time.
The first thing you would need to do is contact an attorney that specializes in divorce procedures in South Africa. Once you have managed to secure this service, you will set up a meeting with your attorney, who will advise you and help you fill in and compile all your paperwork. You can often fill in these forms online, have your attorney review them, and then set up a meeting to discuss the documents once you have correctly completed them.
Once you have completed the documentation, they will be professionally drafted before submission. When you go to court, your chosen attorney will accompany you to help ensure the best possible outcome.
Our team at Burnett Attorneys & Notaries understands the emotional strain that affected parties go through during separation and divorce procedures. We, therefore, strive to ensure that the process is as simple, cost-effective, and takes the least amount of time from start to finish. We also understand that each situation is unique and, for this reason, treat each case with the individuality it deserves. If you require the services of a divorce attorney or would like some advice concerning your divorce proceedings, please do not hesitate to contact us.