Touchstone House, 7 Bree Street, Cape Town

Uncontested Divorce Process

A simple guide on the process 

Email us, complete our questionnaire and start the process. 

  • Email info@angelalaw.co.za and we will send you a divorce questionnaire;
  • You and your spouse will be required to complete and sign the divorce questionnaire in which you agree that you are willing to work together to negotiate the terms of your divorce amicably and that you wish to proceed with the divorce process on an uncontested basis;
  • You will be guided through the process from the start to finalization of your matter.

The documents are drafted and sent to you for signature

  • Once we have all the relevant information from you, we will proceed to draft the divorce summons, particulars of claim, settlement agreement (and parenting plan for couples with children);
  • We will send the settlement agreement to you for your approval and signature;
  • If necessary, we will arrange a short telephonic/virtual consultation should you seek advice on any of the terms of your divorce;
  • We will require the original signed documents from you.

Summons is issued at Court and served on the Defendant

  • We will issue the divorce summons, together with the documents that you have signed, at Court and send the issued documents to the Sheriff for service to take place on the Defendant;
  • In terms of the Court rules, the parties must wait 10 days after service to allow the Defendant an opportunity to defend the divorce action regardless of the divorce being unopposed.

Divorce finalization

  • The divorce can now be set down for finalization at Court. We will inform you of the Court date and arrangements;
  • If there are children involved, the documents will be sent to the Family Advocate for an endorsement before the Court date;
  • Only one spouse (the Plaintiff) will be required to appear at Court on the Court date with the attorney and advocate for a final Decree of Divorce to be granted.

(Estimated length of time: 1 – 3 months)

Click here for our Amicable Divorce Process Guide.

For more information, email info@angelalaw.co.za or use our contact form.