When couples decide to end a marriage, one of the first questions they ask is: “How long will the divorce process take?” The answer depends largely on whether the divorce is uncontested or contested. The South African legal system provides for both, but the timelines differ dramatically.
Uncontested Divorce: The Fastest Route
An uncontested divorce occurs when both spouses agree on all major aspects of the separation. This includes:
- Division of assets and debts
- Maintenance (spousal or child support)
- Parental responsibilities and rights
- Custody and visitation arrangements
Because there are no disputes to be resolved by the court, the process is relatively straightforward.
Timeline
- Once the summons is issued and a settlement agreement is drafted, the matter can often be placed on the court roll quickly.
- In many jurisdictions, an uncontested divorce can be finalized within 4 to 8 weeks from the date of issuing the summons.
- After the court grants the order, the Decree of Divorce is usually available within two to three weeks.
Advantages
- Cost-effective: Legal fees are significantly lower.
- Quick resolution: Avoids lengthy court battles.
- Less stressful: Promotes cooperation and amicable closure.
Contested Divorce: When There Is Disagreement
A contested divorce arises when spouses cannot agree on one or more issues. This may include disputes over custody, maintenance, property division, or allegations of misconduct. Because of the conflict, the court must intervene to resolve matters.
Timeline
- After the summons is served, the defendant has 10–20 court days to file a Notice of Intention to Defend.
- The matter then proceeds through several stages:
- Exchange of pleadings (summons, plea, counterclaim)
- Discovery (exchange of financial and other documents)
- Pre-trial conferences
- Possible interlocutory applications (e.g., urgent relief under Rule 43 for maintenance or custody)
- Trial dates
- Contested divorces in South Africa generally take 1 to 3 years to conclude. In particularly complex cases involving large estates or highly contested custody battles, it can extend to 5 years or more.
Why It Takes So Long
- Court backlogs and scheduling delays
- Multiple disputes requiring evidence and testimony
- Expert reports (psychologists, forensic accountants, valuators)
- Negotiation breakdowns prolonging the process
The Court’s Role in Protecting Children
In both contested and uncontested divorces, when children are involved, the court has a duty under the Divorce Act 70 of 1979 to ensure that proper arrangements are made for their care and financial support. The Office of the Family Advocate may become involved to assess the children’s best interests and provide recommendations.
Final Thoughts
- An uncontested divorce is the quickest and least expensive path, often finalized within a few weeks.
- A contested divorce can take several months to years, depending on the level of dispute and court availability.
At Pravda & Knowles Attorneys, we always encourage clients to consider settlement and mediation first. This not only saves time and money but also reduces emotional strain, particularly when children are involved. However, when litigation becomes necessary, our firm is prepared to guide clients through every stage of the process with professionalism and care.