How Long Does a Divorce Take in South Africa

In South Africa, the length of time it takes to finalise a divorce largely depends on whether it is uncontested or contested.

Uncontested Divorce

An uncontested divorce is the fastest and simplest type of divorce. This occurs when both parties agree on all the terms, such as division of assets, custody, and maintenance.

• Timeframe: An uncontested divorce can be finalised in as little as 4 to 6 weeks. In some cases, it may be quicker depending on the court’s availability and if all paperwork is correctly filed. More about uncontested divorce.

Contested Divorce

A contested divorce occurs when there is disagreement between the spouses on key issues like asset division, child custody, or maintenance. These divorces typically take longer as they involve more legal processes, negotiations, and possibly a trial.

• Timeframe: A contested divorce can take anywhere from 2 to 3 years, depending on the complexity of the case, the availability of court dates, and how quickly both parties can resolve their disputes. However, most contested divorces are settled long before they reach trial. Find more information on divorce procedures.

Legal Process

Once the divorce application is filed:

• The plaintiff (the person initiating the divorce) serves a summons to the defendant (their spouse).
• If the defendant does not contest the divorce, the process can move swiftly, and a court date can be set after the necessary waiting periods of 10 or 20 days, depending on how the summons was served. More about court processes in divorce.

The speed of the process depends largely on whether there are agreements in place or if negotiations are needed.