The biggest influencing factor affecting the cost of a divorce in South Africa is whether the divorce will be contested or uncontested.
In this article, our divorce attorney in Pretoria will look at the difference between the two main types of divorce and the typical costs associated with each.
Uncontested Divorce Cost
An uncontested divorce is the most cost-effective way of getting divorced in South Africa since both parties agree to all aspects of the divorce. A significant cost driver of divorce proceedings is using the attorney’s time to help the parties reach an agreement.
In an uncontested divorce, the parties agree upon the division of assets, child custody, a parenting plan, maintenance cost, etc. At Macdecorney Attorneys Inc, we have found that most uncontested divorces cost around between R10 000 – R20 000 (in the Magistrate’s Courts) and R20 000 – R25 000 (in the High Court) (including disbursements) and typically cover the following:
- Perusal of all FICA documents
- FICA verification
- Attending to draft a Settlement Agreement
- Attending to draft a Combined Summons
- Issuing and obtaining a case number in the Magistrates Regional Court
- Service of all documents by the Sheriff of the Court
- Preparation and delivery of all documents to the Family Advocate
- Preparation of all documents in obtaining a court date
- Representation in Court
- Postage and Petties
Contested Divorce Cost
The cost of a contested divorce heavily depends on the cooperation of the parties, as well as the complexity of determining a fair and legal outcome, which protects the interest of all parties involved (including children). When attempting to bring parties to an agreement, most attorneys charge an hourly rate which may vary according to the experience of the attorney or advocate involved.
If the parties reach an agreement after minimal mediation and negotiation, the cost may not differ much from the cost of an uncontested divorce and is often referred to as a mediated divorce. The typical cost for a mediated divorce is around R20 000 or more in the Magistrates Court and R25 000 or more in the High Court and varies upon the amount of mediation required.
Conversely, a contentious battle over the division of assets, maintenance, or child custody, may require the attorney, specialist advocates and various other experts to assist in resolving the dispute in court. The number of hours the attorney spends and the disbursements made to various experts will greatly influence the cost.
The Untold Cost of Divorce
At Macdecorney Attorneys Inc. we recognise an often forgotten about, untold cost of divorce – The emotional cost. A divorce is the start of a reparative and restorative journey for all parties involved.
At Macdecorney Attorneys Inc. we endeavour to resolve every divorce considering both the financial and emotional best interest of our clients. For assistance with your unique matter contact us at Macdecorney Attorneys Inc.
