WHAT IS AN UNCONTESTED DIVORCE

UNCONTESTED DIVORCE- WHATS IS THAT?

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. 

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