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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
Every divorce in South Africa — friendly or hostile — follows the same legal skeleton: summons, response, resolution, decree. What differs wildly is the time and money each step consumes, and that is largely decided by strategy in the first month. Here is the complete process for both uncontested and contested divorces, with realistic timelines and the decisions that matter most.
Grounds: irretrievable breakdown
South Africa is no-fault: the only real ground is that the marriage has broken down irretrievably with no reasonable prospect of restoration. Adultery or abuse aren’t required and don’t need proving for the divorce itself — though conduct can influence forfeiture claims, costs and care disputes. One spouse’s decision that it’s over is, practically, enough.
The uncontested route (4–10 weeks)
Both spouses agree on everything: division, maintenance, children. Attorneys draft a settlement agreement and parenting plan (endorsed by the Family Advocate where children are involved), summons is issued and served, and the plaintiff appears once in unopposed motion court for the decree. It is the cheapest, fastest, most dignity-preserving route — and most divorces should end here even if they don’t start here.
The contested route (1–3 years)
Summons with particulars of claim; the defendant enters appearance and pleads (often with a counterclaim); then discovery of documents, requests for particulars, expert reports (actuaries for accrual, industrial psychologists, social workers for care disputes), pre-trial conferences — and eventually trial. The overwhelming majority settle before judgment; the process exists to force honest disclosure and realistic positions.
Rule 43: interim relief while it runs
Contested divorces take years; life doesn’t pause. Rule 43 (Rule 58 in the Regional Court) delivers interim orders in weeks: child and spousal maintenance pendente lite, contact arrangements, and contributions towards legal costs so a moneyed spouse can’t simply outspend the other. It is often the most important tactical step in the whole divorce.
Dividing the estate
Your matrimonial regime decides the frame: 50/50 division in community; accrual equalisation with an ANC with accrual; separate estates without accrual (subject to developing redistribution jurisprudence). Pension interests are divisible by decree wording that funds will accept — badly drafted orders bounce at the fund and take months to fix. Hidden assets are flushed by discovery, subpoenas and forensic accountants.
Children: care, contact and maintenance
The Children’s Act’s best-interests standard governs. Parenting plans set residence, contact schedules, holidays, schooling and decision-making; the Family Advocate evaluates disputes. Maintenance follows the needs-and-means method and is enforceable by emoluments attachment and criminal sanction. Courts punish parents who weaponise children — in costs and in care outcomes.
After the decree
The registrar issues the final decree; pension funds are notified with certified orders; property transfers between ex-spouses proceed duty-exempt; and the will you made during the marriage needs immediate amendment — bequests to an ex lapse only for 3 months, then stand as written.
Frequently asked questions
How much does a divorce cost?
Uncontested: commonly a fixed fee in the low tens of thousands all-in. Contested: open-ended — six figures is unexceptional. Settlement isn’t weakness; it’s arithmetic.
Can I divorce without knowing where my spouse is?
Yes — substituted service (email, social media, publication) by court leave allows divorce from an untraceable spouse.
Do I have to attend court?
Uncontested: only the plaintiff, once, briefly. Contested: you attend Rule 43 and trial; most interlocutory steps are attorneys-only.
Who pays the legal costs?
Usually each their own; costs orders punish unreasonable conduct. Rule 43 can order a contribution to the poorer spouse’s costs mid-fight.
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