Uncontested Divorces

 

In instances where the parties have already reached an agreement regarding a divorce and all matters have been settled,  the need for an attorney is greatly diminished . 


Should you therefore be in a position where all matters regarding your divorce has been settled it would contribute to reducing the financial and emotional strain  of a divorce tremendously. 


Such a divorce can usually be finalised within 6 to 8 weeks should there be no complications.  An attorney is only needed to ensure that all legal documents and requirements are fulfilled in order for the court to grant the divorce .



Our all inclusive once of fee for an uncontested divorce (barring any complications) in Gauteng is 

R6 000.00 (excl VAT),  if you live in another province our fee required would be R8 000.00 (excl VAT). 

Follow these quick & easy Steps

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Uncontested Divorces

Step 2 : Complete & sign our mandate

Step 2 : Complete & sign our mandate

Complete the form below and emailing it to us at divorce@hswartattorneys.com.


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Step 2 : Complete & sign our mandate

Step 2 : Complete & sign our mandate

Step 2 : Complete & sign our mandate

After completing the form you will receive an email from us with our  formal mandate agreement, FICA letter together with our invoice and banking details.  

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Step 3 : Pay our once of fee

Step 2 : Complete & sign our mandate

Step 4 :Drafting the required documents


A amount of R4 000.00 of the fee is payable upon receipt of the signed mandate agreement.  The balance is payable once the matter is placed on the court roll. 

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Step 4 :Drafting the required documents

Step 5 : Issuing & services of documents

Step 4 :Drafting the required documents

We will draft the applicable documentation and email it to you for signature.   Our email will explaining the process further.

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Step 5 : Issuing & services of documents

Step 5 : Issuing & services of documents

Step 5 : Issuing & services of documents

We will attend to the issuing at court, service by the sheriff of the court, family advocate endorsement (if applicable) and obtain a hearing date.




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Step 6 : Divorce finalized

Step 5 : Issuing & services of documents

Step 5 : Issuing & services of documents


You will be informed in an email of the hearing date and all arrangements in respect thereof.


The balance of R2 000.00 is payable.


After the granting of the final decree of divorce, we will collect the order on your behalf and forward it to you.

Frequently asked Questions

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DYI / Easy Divorces

Easy and do-it-yourself divorces are divorces done without the assistance of an attorney.  The process and forms are usually offered online . You will only receive the divorce papers (sometimes not drafted by an attorneys), that you have to do all the arrangements at the court, sheriff’s office and Family Advocate. It sounds easy and cheap, however divorces are complex as various factors, process , laws and court rules must be taken into account and complied with, and therefore it is advisable to rather appoint an attorney for assistance .


"A man who is his own lawyer has a fool for a client" 

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What is a default divorce ?

Default divorce is when a spouse ignores the summons and fails to file a notice to defend the divorce.  You can then approach the court and request the decree of divorce as the other spouse is in "default".

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In which court can I divorce ?

The High Court and Regional Court has jurisdiction to hear a divorce action, if one or both parties are:


1)  domiciled in the area of jurisdiction of the court on the      

      date on which the action is instituted; or

2)  ordinarily resident in the area of jurisdiction of the court 

      on the said date and have been an ordinarily resident in 

      South Africa for not less than 1 year 

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Who appears in Court ?

There is no formal trial, the attorney or advocate and only one party, called the plaintiff appears in court.   


In some instances the Defendant can appear instead of the Plaintiff.


Should all assets have been divided and there are no minor children, non of the parties need to appear in court.  The Plaintiff only need to depose to an affidavit, which will be used in court.

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What documents are required ?

1)  Copy of your ID or Passport

2)  Proof of residential address

3)  Copy of your Antenuptial Contract (if applicable)

4)  Your marriage certificate


Additional documents may be required based on the contents of your divorce, such as:

• valuations of immovable property;

• retirement insurance information,

• list of assets and liabilities, etc.

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What is irretrievable breakdown of the marriage?

This is where a marriage relationship is permanently broken down and beyond restoration.  Numerous reasons could have let to the break down of the marriage, and is not always cause of any misconduct by either one of the parties. Breakdown of a marriage could be due to abuse, adultery, falling out of love, lack of communication, not living together as husband and wife for more than one year, abuse of alcohol or drug etc.