Uncontested divorces unsurprisingly are the antithesis of contested divorces. This is the desired divorce process if at all possible as it points to both parties being in agreement with regard to the terms of the divorce without having to take it to trial. These include the likes of:
- The division of marital assets including property
- Child custody and care (if applicable)
- Child maintenance
- Spousal maintenance
Unlike with contested divorces, if the divorce is uncontested then only one attorney is required to represent both parties. The chosen uncontested divorce attorneys will then be responsible for drafting a settlement agreement that encompasses all of the above in detail. Once the settlement agreement has been approved, it is then signed by both parties. When the marriage has been officially dissolved by the court, the settlement agreement becomes a legally binding court mandate.
There is considerable benefit in going with the uncontested route if this is a feasible option for both parties. As there is only one attorney involved in facilitating the divorce proceedings, there will only be one bill to be footed by both parties, or as specified in the settlement agreement. In addition to this, an uncontested divorce can be finalised in a matter of weeks (dependent on the drafting of the agreement and the court roll), not years like the contested equivalent. Another benefit of an uncontested divorce is that parties do not have to appear together in court; the evidence on hand will be presented to the judge or magistrate by the plaintiff in order to finalise the divorce. Lastly, and perhaps most importantly, factoring in all the benefits above – is the ability of the couple or family to settle down into new routines and find their ‘new normal’ much sooner than they would should the divorce have been contested.
Initial consultations are charged at R1500.00. Thereafter, should you wish for us to act on your behalf, a fee is discussed and agreed upon whereafter we can move forward with your matter. We promise to get back to you as soon as possible – as we are aware that these cases are often urgent.