The cost of getting divorced in South Africa can vary depending on the circumstances of the divorce, such as whether it is a contested or uncontested divorce, and whether the parties use a lawyer or represent themselves.

In this article, our family law attorneys in Cape Town discuss the types of divorce and what they may cost.

Types of Divorce in South Africa

In South Africa, there are two main types of divorce:

Contested divorce:

A contested divorce is a divorce in which the parties do not agree on one or more aspects of the divorce, such as property division, child custody, or support payments. In a contested divorce, the parties must go to court to have a judge decide on the disputed issues. This process can be lengthy, expensive, and emotionally taxing, as it often involves legal battles, court appearances, and negotiations.

On average, a contested divorce can cost anywhere from R20,000 to R100,000 or more.

Uncontested divorce:

An uncontested divorce is a divorce in which both parties agree on all terms, such as property division, child custody, and support payments. In an uncontested divorce, the parties can often complete the divorce process more quickly and inexpensively, as they do not need to go to court. An uncontested divorce typically involves the preparation of a settlement agreement and the submission of a joint divorce application to the court. Once the court approves the settlement agreement, the divorce is finalized.

An uncontested divorce can cost as little as R5,000.

Additional Types of Divorce

There are also other types of divorce in South Africa, including:

Divorce by mutual consent:

This type of divorce is similar to an uncontested divorce but requires both parties to appear before a court to confirm their agreement.

The cost of a divorce by mutual consent in South Africa can vary depending on a number of factors, such as whether the parties use a lawyer, the complexity of the case, and the location of the court.

On average, a divorce by mutual consent can cost anywhere from R10,000 to R30,000 or more, with most of the cost being for legal fees. If the parties represent themselves, the cost may be lower, but the process may also be more time-consuming and complex. It's best to consult a family law attorney for a more accurate estimate for your specific circumstances.

Absolute divorce:

This type of divorce is the final dissolution of a marriage and severs all legal ties between the parties.

The cost of an absolute divorce in South Africa can vary depending on a number of factors, such as whether the parties use a lawyer, the complexity of the case, and the location of the court.

On average, an absolute divorce can cost anywhere from R10,000 to R50,000 or more, with most of the cost being for legal fees. If the parties represent themselves, the cost may be lower, but the process may also be more time-consuming and complex.

It's best to consult a family law attorney for a more accurate estimate for your specific circumstances.

Summary divorce:

This type of divorce is a simplified process for obtaining a divorce in limited circumstances, such as where there are no minor children and the parties have been separated for a specified period of time.

The cost of a summary divorce in South Africa can vary depending on a number of factors, such as whether the parties use a lawyer, the complexity of the case, and the location of the court.

On average, a summary divorce can cost anywhere from R5,000 to R20,000 or more, with most of the cost being for legal fees. If the parties represent themselves, the cost may be lower, but the process may also be more time-consuming and complex. It's best to consult a family law attorney for a more accurate estimate for your specific circumstances.

Bailey Haynes Incorporated – Family Law Attorneys Cape Town

The cost of getting divorced in South Africa can vary greatly depending on the type of divorce and the circumstances of the case. An uncontested divorce can be relatively inexpensive, while a contested divorce can be very costly, with legal fees being the largest expense.

The cost of a divorce by mutual consent, a summary divorce, or an absolute divorce can fall anywhere in between. It's important to consider all of the costs involved in a divorce, not just legal fees, when planning for a divorce in South Africa. This can include court fees, mediation fees, and the cost of hiring experts to evaluate assets or provide testimony.

It's always a good idea to consult a family law attorney from Bailey Haynes for a more accurate estimate of the costs involved in a divorce, as well as to understand the legal process and to ensure that your rights and interests are protected.

Contact us for more information about our services.