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Both parties work with the same, unbiased attorney who offers impartial legal counsel and assistance. During an uncontested divorce, both parties come into an agreement before the proceedings when it comes to the division of their assets, as well as contact, care, and maintenance of minor children.
Both parties will consult with the same attorney, and agree on all terms prior to the divorce. Unlike a contested divorce, there is no formal trial during an uncontested divorce, only the plaintiff appears in court. A settlement agreement is then drafted, entered into by both parties, and made an order of the court.
South African divorce papers must include the full names of both parties, the date of marriage, the date of separation, grounds for divorce, jurisdictional information, and the names of any minor children.
An uncontested divorce is a quicker process as both parties agree to the terms and conditions of the divorce settlement. This type of divorce can be completed in roughly 6 weeks and can cost between R10 000.00 to R20 000.00 depending on whether property/children are involved.
An uncontested divorce can be finalised in four to six weeks depending on the court roll. It is not necessary for both parties to appear together in court, therefore, only the plaintiff will give evidence and conclude the divorce before a magistrate or judge, depending on the court in which the divorce was instituted.