How to get an uncontested divorce in South Africa

What an uncontested divorce is, which court to use, the steps from settlement agreement to decree, how long it takes, and what happens when there are children.

Updated 6 November 2026 · 6 min read

An uncontested divorce is one where you and your spouse agree on everything: that the marriage is over, and how to divide what you own and owe, maintenance and, if you have children, how you'll care for them. You record all of this in a settlement agreement, and the court makes it part of the divorce order. Because there's nothing for the court to decide, it is quicker, cheaper and far less stressful than a contested divorce.

Uncontested or contested?

The difference isn't whether you get along. It's whether every term is agreed. If even one question is disputed (the house, a pension, contact with the children), the divorce is contested until you settle it. Many divorces start contested and become uncontested once the couple reaches agreement, which is where most of the savings come from.

The legal basis

Under the Divorce Act 70 of 1979, a court grants a divorce when the marriage has broken down irretrievably: there is no reasonable prospect of restoring a normal marriage relationship. (The Act also allows divorce on the ground of mental illness or continuous unconsciousness.) In an uncontested divorce, the spouse who starts the case confirms the breakdown, and the settlement agreement deals with everything else.

Which court?

Divorces can be heard in the Regional Court (the divorce courts at magistrates' offices) or the High Court. Most uncontested divorces go to the Regional Court, which is usually the more affordable route. You generally divorce in the area where either of you lives, subject to the Act's rules about domicile and residence.

Step by step

1. Agree on everything. List your assets and debts, decide who keeps what, settle maintenance and, if you have minor children, write a parenting plan. This becomes the settlement agreement, signed by both of you.
2. Issue the summons. One spouse (the plaintiff) has a divorce summons issued at court, with the signed settlement agreement attached.
3. Serve it. The sheriff serves the summons on the other spouse (the defendant). Because the defendant has already agreed, they simply don't defend the case. The law gives them a set number of court days to decide.
4. Children: the Family Advocate. If you have minor children, the Office of the Family Advocate checks that your parenting plan and maintenance arrangements are in the children's best interests. The court must be satisfied on this before it grants the divorce.
5. The hearing. The case goes on the unopposed roll. Usually only the plaintiff attends a short hearing, confirms the details under oath, and the court grants the divorce order with the settlement agreement made part of it.
6. After the order. Carry out the agreement: transfer property and vehicles, send any pension order to the fund, close or split joint accounts, and update your will, beneficiaries and medical aid.

How long does it take?

Once the papers are issued, an uncontested divorce often takes a matter of weeks to a few months, depending mostly on how busy your court is and, with children, on the Family Advocate. The part that takes longest is usually reaching agreement in the first place. A contested divorce can take well over a year.

Do we each need a lawyer?

Not when everything is agreed. Many couples share one lawyer, who drafts or reviews the settlement agreement and handles the court process. You can each still get independent advice before you sign, and you should if you're unsure about what you're giving up. Once anything is contested, you'll each need your own lawyer.

Where Agreeably fits

Agreeably helps you do the hardest part, reaching agreement, together and privately: each of you lists your finances, you agree item by item, and the app drafts the settlement agreement and parenting plan for a lawyer to review. See what a settlement agreement covers and what a divorce costs.

This guide is general information about South African law, not legal advice for your situation. Agreeably is a settlement facilitator, not a law firm: before you sign, a lawyer should review your settlement agreement.