Divorce
Ending a marriage without ending up in a war.
Most divorces do not need to be fought. They need someone competent to organise them, protect what matters, and get both people to the other side without spending two years and a fortune getting there. Where a fight is genuinely necessary, we are equally comfortable having one.
Handled by Mandy Jay · 34 years in practice
The situation
What usually brings people here
- You have decided, or it has been decided for you, and you do not know what the first step actually is.
- You are worried about the children — where they live, who decides, how often you see them.
- You do not know what you are entitled to, and you are afraid of signing something you will regret.
- You have been told this will cost a fortune and take years. It very often does not.
What the law says
What the law actually says
- South Africa has no-fault divorce. The court needs to be satisfied the marriage has broken down irretrievably — it does not need to decide whose fault that was.
- How assets are divided depends on your matrimonial property regime: in community of property, out of community with accrual, or out of community without accrual. Your antenuptial contract, or the absence of one, largely determines the answer.
- Decisions about children are governed by one standard above all others: the best interests of the child. Not the preferences of either parent.
- An uncontested divorce, where both parties agree the terms, is a fundamentally different process from a contested one — faster, cheaper, and far less damaging.
How we handle it
- 01
A proper first consultation
We establish what regime you married under, what there is to divide, and what you want for your children. You leave knowing where you actually stand.
- 02
The settlement agreement
Most of the real work happens here: assets, maintenance, and a parenting plan. Getting this right is what keeps a divorce out of court.
- 03
Issue and serve
The summons is issued and served. If the terms are agreed, this is largely procedural.
- 04
Court and decree
An unopposed divorce is usually a short appearance. The decree is granted and the settlement is made an order of court, which is what makes it enforceable.
What it costs
An uncontested divorce with an agreed settlement is one of the more predictable pieces of legal work there is, and we will give you a realistic estimate at the first consultation. A contested divorce is not predictable, and anyone who quotes you a firm figure for one is guessing. We would rather tell you that upfront than surprise you later.
What moves the number
- Whether the divorce is opposed, which is by far the biggest single factor
- Whether the children’s arrangements are agreed or disputed
- How complex the estate is — a business, a trust, a pension interest, or property
- Whether an advocate or an expert such as a family advocate or valuer is required
How long it takes
An uncontested divorce with everything agreed can be finalised in a matter of weeks. A contested divorce takes as long as the dispute takes — which is the strongest practical argument for settling what can be settled.
Common questions
Divorce
Do we both need our own attorney?
One attorney cannot represent both of you — the interests conflict by definition. But an uncontested divorce where one attorney draws the settlement and the other party takes independent advice on it is common, entirely proper, and much cheaper than two firms fighting.
Will I lose the house?
That depends almost entirely on your matrimonial property regime and on what you agree. It is the single most common fear people arrive with, and the answer is very often less alarming than what they had assumed.
What happens to the children?
In most cases both parents keep full parental responsibilities and rights, and the practical question is the parenting plan: where the children live, how time is shared, and how decisions get made. The court’s only test is the best interests of the child.
How long do I have to be separated first?
There is no compulsory separation period in South African law. The court needs to be satisfied the marriage has broken down irretrievably, and a period of separation is evidence of that, not a precondition.
Can I change the arrangement later?
Maintenance and arrangements concerning children can be varied when circumstances genuinely change. The division of assets, once it is an order of court, is far harder to reopen — which is exactly why the settlement stage deserves proper attention.