Follow these quick & easy Steps
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.
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.
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.
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.
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.
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
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"
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".
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
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.
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.
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.