Ending a marriage is never an easy process as it evolves many emotions and fears. 
However, when the spouses are able to remain civil and agree between themselves on how to divide their assets, deal with custody and contact of the children, and handle any other matters, they may wish to consider an uncontested divorce. It still may be hard for divorcing couples to accomplish this in many instances, but the benefits can be great under the right circumstances.

THE PROS 
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Uncontested divorce offers divorcing spouses the chance to end their marriage quietly, quickly and with dignity.

The most obvious advantage of an uncontested divorce is its cost. This is because the divorce attorney will not need to draft extra litigation documents or letters. 

The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two spouses remains low, an uncontested divorce offers a way to keep it that way. The cooperation extends into the post divorce environment creating a better living environment for the children post divorce. 

You are also more likely to keep more of your assets in your pockets and out of the hands of us lawyers, a liquidator to liquidate the joint estate, actuaries and others required to put on a full divorce proceeding.

THE CONS

An uncontested divorce is not recommended when one spouse is bullying the other spouse to accept terms and conditions that are not fair.  If you are in this situation you should always seek legal advise from an independent attorney to review the proposed separation terms and advise you of your rights. 

Uncontested divorce is also a bad idea when the parties are not able to talk with each other without fighting. If your spouse refuses to have any discussion with you about divorce, or every conversation ends in a screaming match, but you are determined to move forward with divorcing, you will likely need to move forward with a contested divorce and simply rather issue a full detailed divorce summons.

HOW BEST TO DEAL WITH  A UNCONTESTED DIVORCE

The first thing you should do is schedule a consultation with a divorce attorney.  If you are considering a uncontested divorce both parties can consult with one attorney in order to obtain advise on how to divide their assets and how to deal with joint parenting post divorce. 

After the initial consultation the divorce lawyer will then draw up a deed of settlement agreement whereby all the terms and conditions of the divorce are recorded. Generally this will deal with assets such as homes, pensions, motor vehicles to children care and debt. 

The attorney will then draft a divorce summons in order to get the divorce action in court. Thereafter, a hearing date can be arranged. 

If you are considering divorce we encourage you to come discuss the option of uncontested divorce with our divorce attorneys. 

 I wrote some months ago about international divorces in South Africa, however, we would like to provide  more information for spouses considering divorce but who no longer live in South Africa. 

If you were married in South Africa, it will be far more cost effective and take less time by simply getting divorced in South Africa opposed to going to a local attorney in the country you are currently residing in. 

I would like to highlight the process that Tim van Rooyen Attorneys uses to effect International Divorces in South Africa:

The procedure will start with a consultation via Zoom/Whatsapp video call, this so we can get all your information needed for a divorce summons and to be able to draft a deed of settlement.  We will then draft a deed of settlement.  Thereafter, the parties sign the agreement in their home country and scan it and e-mail it back to us.  We then draft  a summons and particulars of claim for a divorce. 
 
In order for the court to have jurisdiction we do a Edictal Citation and a Substituted Service application, this to we can legally serve the divorce summons on your spouse by e-mail in a foreign country outside of South Africa.

Later on after the above step, we launch an application in court to lead evidence in court via Zoom or by way of affidavit.

We then attend court on your trial date and either lead your evidence via Zoom or affidavit and the court will declare you divorced.  The court will then send your information to the South African Home Affairs to have your marital status updated. 

Should you like more information, please contact me via e-mail or call us.

 

A Marriage in South Africa must be dissolved in a court. You will need to state that you and your spouse can no longer live together and won’t be able to resolve your differences. 
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Reasons for ending your marriage:

• Any Abuse in your relationship
• Adultery
• When a spouse has left or you have not lived together in a long time
• When you no longer love each other

You and your spouse will need to discuss a few aspects around the divorce. If this is not an option, you would need to ask your lawyers to mediate. 
Before a divorce can be granted, you will need to show or prove that you have solutions for the following matters:

1. Custody of the children. Who will have custody of your children? Arrangements will need to be in place for access to the children before the court can make a ruling. The court can restrict access to either party if it believes seeing a parent isn’t in the best interests of the child.

2. Maintenance Payments that will be made and how many will be made? The court will issue an order confirming who pays what. If the two parties can’t agree on payments, then the court will rule on their behalf.

3. Property and asset division. Normally the assets and debts are shared during a divorce, depending on your antenuptial contract. 

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

Please feel free to give us a call for a divorce consultation.
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Timothy van Rooyen
7 Bird Street, Central, Gqeberha
Phone: 041-0040086 / 0817874404
E Mail: [email protected]

What entitles to a divorce?

• If you can prove to a court that you and your spouse can no longer live together and there is no chance of resolving your differences.
• If one of the spouses is mentally ill or continuously unconscious. Read more 

More recently, legal experts pointed to a surge in new divorce instructions in the country since the onset of the Covid pandemic.
Family lawyers said that February and March are typically divorce filing months, however, the pandemic has caused a spike in other months amid increased job losses, and psychological effects including anxiety and depression, while couples were also forced into close proximity for extended periods of time during lockdown. 
Read more.

I often have clients asking me what tips I have for them when they think about getting a divorce. There are a few simple rules that you can stick to, making it easier for yourself, your family and children.
When you think of taking on something new in your life, you usually do some research and think things over a few times. 
Well, it is the same with a life altering decision such as getting a divorce.
Do some research about divorces before you jump into it.  Read some more on divorce here.

Tip #1: Choose your divorce attorney wisely
Do some research on the divorce attorneys that you have in mind. Make sure that they practice in matrimonial or family law. Does the firm have relevant experience? Look for an attorney that has worked on a lot of divorce cases such as yours and one that has a deep knowledge of divorce law.
Find a lawyer that you feel comfortable with, one that has your best interest at heart. 

Tip #2: Be open about your finances
Divorce is also a sharing of debt, so remember to consider your debt. It might appear that there are many assets and cash, but if these are all supported by debt, you might find yourself in serious financial hardship.
Ask yourself a few questions.
Can you afford to stay in the house?
What will your needs and the needs of your children be?
What will your new life cost?
Know your assets and know your debts. Have a look at your credit score if you are able to.
If you do not have cash to cover costs, you will have to sell assets in order to do so.
Read

Tip #3: Get organized
Get your financial documents in order, make copies of bank statements, keep record of your monthly costs and spending. Budget and try stick to it!
Plan your schedules and keep a calendar to be pro active and organized. You will need to keep track of appointments with your attorney, family advocate, court dates etc.
Get your documents needed for court in order (ID documents, marriage certificate, children birth certificates)
Read more

Tip #4: Be informed /Do research
Get educated and do your research on how the divorce process works. Make a list of questions you would like to ask your attorney. Being educated on divorce could help you understand the process better and may relieve some of the stress associated with divorce.
Think of your children, they are more than often the ones that take the most strain. Find out how you can make it easier on them and discuss these options with your attorney. 
Will your divorce be contested or uncontested? This will also make a significant different in your finances.
​Read more here

Tip #5: Think ahead
Before you embark on the divorce process, think carefully about what you actually really want out of it. Be clear about what you want and, more importantly, what you need.
Just because you want something doesn’t mean you have to have it. There will be things that your ex-spouse needs more than you do, and you’ll have to be prepared to consider the reasons for this and be prepared to compromise.
Think about the children, how will you share custody, what are you willing to give up?
Divorce inevitably involves compromise, it’s easier to accept certain compromises, which are usually inevitable anyway, when you can see the bigger picture.
Read

To discuss how we can help you, you can click here or call us on 041 004 0086

What is an uncontested divorce?
Believe it or not 90% of the divorces we are encounter are simply two parties who just do not fight anymore and want to divorce amicably. 
An uncontested divorce is one where a married couple reaches agreement on all issues, which includes the division of their assets, debts, arrangements regarding minor children and the payment of maintenance.
This can be achieved through spouses with the assistance of their legal representatives or attended mediation, or simply the parties have already reached agreement on various aspects before coming to see a divorce attorney/lawyer. An uncontested divorce is usually finalised between one to three months, depending on the complexity of issues.
Advantages of the uncontested route
An amicable approach by individuals is encouraged for various reasons, which reasons include:

1. You and your spouse arrive at your own agreements that mutually benefits both parties;
2. The process encourages communication and leaves a better post relationship for the benefit of your children;
3. It is considerably less expensive compared to litigating;
4. Matters are resolved quickly;
5. It limits conflict between spouses as the process is amicable, conciliatory and tends to decrease hostility and reduce future conflict.

The process for uncontested divorces
At Tim van Rooyen Attorneys we are specialists divorce attorneys/lawyers in Port Elizabeth we use our wealth of knowledge and experience to assist individuals reach settlement. 

The agreements required in an uncontested divorce are as follows:

1. A settlement agreement, which deals with all financial aspects ranging from the division of assets (i.e. houses, pension funds, furniture etc), liability of debts, maintenance for children and maintenance for a spouse, if applicable; and
2. Parenting Plan, if there are children under the age of 18. The Parenting Plan will detail the rights and responsibilities of both parents by setting out joint decisions required, where the children’s primary residence will be, the contact times when the other parent will see the children, holiday arrangements etc.

Once the Settlement and Parenting Plan is signed a summons for an uncontested divorce is drafted. The summons is allocated a case number and sent to the relevant Sheriff’s Office for service upon the Defendant.  If minor children are involved, the Settlement and Parenting Plan will be endorsed by the Office of the Family Advocate.
Once all those steps are complete, the attorney will arrange the court date for the hearing and accompany you to Court for granting of the final decree of divorce.
Why use Tim van Rooyen Attorneys for your uncontested divorce?
Although it may be tempting for you to approach the Court directly and handle your own uncontested divorce, it is strongly recommended that you consult with one of our divorce law specialists first.
Incorrect legal advice regarding the division of assets may lead to dire implications. For example unenforceability of orders pertaining to pension/provident funds and retirement annuities in instances when the wording does not comply with the strict requirements of the Pension Funds Act.
Every step of the way, we will provide the necessary legal advice to ensure full compliance with legislation as well as ensuring you get the best possible outcome. Our attorneys focus on achieving results for our clients in the most cost-effective manner.
Whether it’s assistance with mediating disputes, drafting divorce agreements or assisting with the process in Court, Tim van Rooyen Attorneys can assist you. 

Book a FREE consultation