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UNCONTESTED DIVORCE

Our dedicated team of uncontested divorce lawyers have developed highly specialised and streamlined processes to ensure that uncontested divorces are dealt with quickly and efficiently.

We provide transparent all-inclusive fee agreements and guarantee our clients that their Divorce Settlement Agreement, in draft format, will be provided to them within two business-days of their first consult with our offices.

What is an uncontested divorce?

An uncontested divorce is a divorce where the parties are capable of discussing their differences before-hand and coming to mutually acceptable agreements in respect of all issues between them. Once this type of consensus is reached, the parties no longer have any issues which need to be fought about in Court. These types of divorces are known as uncontested divorces because it is unnecessary for the party being sued for divorce (defendant) to defend the action because the outcome desired by the party suing for divorce (plaintiff) is the same as the party being sued.

What issues are agreed upon in an uncontested divorce?

There are many things for the parties to discuss and try to deal with in an uncontested divorce. We will assist you to identify all the relevant issues which may be involved in the divorce.

These may include the following:

  • Division of moveable assets (cars, household contents etc.);
  • Division of immovable property (houses, stands, farms etc.);
  • Custody and parental rights and responsibilities pertaining to the minor children;
  • Maintenance for the minor children;
  • Maintenance for either spouse;
  • Division of investments, shares, and pension funds

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Uncontested Divorce Services

We have tailored various uncontested divorce packages to cater to the needs and budgets of a wide variety of people. Whilst the scope and mandate of our engagement differs from package to package, we provide specialized, high-quality legal services to all our clients with all our packages.

In all of our packages we give our clients access to our wide range of information material which will assist them to better understand the process and legal issues involved.

Full-Service Uncontested Divorce 

In a full-service uncontested divorce, we take care of all aspects related to the uncontested divorce for you. An attorney and paralegal are assigned to your case and guide you through the entire process. You have open and unrestricted communication with your assigned attorney and paralegal for the duration of the divorce process.

Full service uncontested divorces are ideal for spouses who wish to get divorced without entering into acrimonious litigation but have a few questions before they decide on the exact terms of their settlement, or whose settlement terms are sufficiently complex to warrant a consultation with an attorney.

We provide the following services in a full-service uncontested divorce:

  • 1 Hour consultation with an attorney to discuss the terms of your settlement agreement and to answer any questions you may have (this consultation can take place in person or via video conference)
  • Access to our library of information and training material related to uncontested divorce
  • Preparation of your settlement agreement
  • 20 Minute video conference with a legal practitioner from our firm to take you through your final divorce settlement agreement and explain it to you
  • Guidance through the process of signing the settlement agreement and compiling the necessary documents to prepare and issue summons
  • Preparation of the divorce summons
  • Delivery of the divorce summons to the sheriff
  • Preparation of the matter for hearing at Court
  • Preparing you for your day in court
  • Attendance at Court with you to finalize your divorce
  • Upliftment of your divorce decree from the Court once it has been typed

 

Online / Expedited Uncontested Divorce

 In an online uncontested divorce, we provide you with a questionnaire to complete wherein you set out the terms of your divorce in your own words. We then take the information provided in your questionnaire and draft your Settlement Agreement accordingly. An attorney and paralegal are assigned to your case and guide you through the entire process. You have open and unrestricted communication with your assigned attorney and paralegal for the duration of the divorce process.

Whilst we are not yet at the point in South Africa where we are able to complete the entire divorce process online, we have streamlined all of the aspects which can be dealt with online to save our clients time and money.

Online uncontested divorces are ideal for spouses who have already agreed on all terms of the settlement agreement, and whose settlement terms are straight-forward.

We provide the following services in an online / expedited uncontested divorce:

  • Access to our library of information and training material related to uncontested divorce
  • Preparation of your settlement agreement
  • 20 Minute video conference with a legal practitioner from our firm to take you through your final divorce settlement agreement and explain it to you
  • Guidance through the process of signing the settlement agreement and compiling the necessary documents to prepare and issue summons
  • Preparation of the divorce summons
  • Delivery of the divorce summons to the sheriff
  • Preparation of the matter for hearing at Court
  • Preparing you for your day in court
  • Attendance at Court with you to finalize your divorce
  • Upliftment of your divorce decree from the Court once it has been typed

 

Settlement Agreement and Summons Only

 The settlement agreement and summons only uncontested divorce is a service where we assist our clients by preparing their settlement agreement and summons. Our clients then attend to the administrative tasks of finalizing the divorce themselves.

This option is significantly less costly than a full-service or expedited uncontested divorce. The settlement agreement and summons only uncontested divorce is ideal for spouses who wish to save on costs and do not mind attending to the administrative tasks of finalizing the divorce themselves. These tasks include issuing the summons, delivering it to the sheriff, preparing the bundles for Court, and attending Court to finalize the divorce. This option has the benefit that the parties have thorough settlement agreement prepared and checked by attorneys for a highly competitive price.

In the settlement agreement and summons only uncontested divorce we provide you with a questionnaire to complete wherein you set out the terms of your divorce in your own words. We then take the information provided in your questionnaire and draft your Settlement Agreement accordingly.

We provide the following services in a settlement agreement and summons only uncontested divorce:

  • Access to our library of information and training material related to uncontested divorce
  • Preparation of your settlement agreement
  • 20 Minute video conference with a legal practitioner from our firm to take you through your final divorce settlement agreement and explain it to you
  • Guidance through the process of signing the settlement agreement and compiling the necessary documents to prepare and issue summons
  • Preparation of summons

 

Settlement Agreement Only

 The settlement agreement only uncontested divorce is our most cost-effective uncontested divorce option. In cases where our clients have elected this option we only prepare the settlement agreement for them.

We provide sufficient guidance literature to enable our clients to finalize their uncontested divorce themselves.

The settlement agreement only uncontested divorce is ideal for spouses who wish to have a professionally drafted settlement agreement for the most competitive price possible. Parties attend to all other tasks themselves, including preparation and issuing of the summons, delivering it to the sheriff, preparing the bundles for Court, and attending Court to finalize the divorce. This option has the benefit that the parties have thorough settlement agreement prepared and checked by attorneys for a highly competitive price.

In the settlement agreement only uncontested divorce we provide you with a questionnaire to complete wherein you set out the terms of your divorce in your own words. We then take the information provided in your questionnaire and draft your Settlement Agreement accordingly.

We provide the following services in a settlement agreement and summons only uncontested divorce:

  • Access to our library of information and training material related to uncontested divorce
  • Preparation of your settlement agreement
  • 20 Minute video conference with a legal practitioner from our firm to take you through your final divorce settlement agreement and explain it to you.

 

Here is a comparative chart wherein our uncontested divorce services are set out:

Service Settlement Agreement Only Settlement Agreement and Summons Expedited / Online Uncontested Divorce Full-Service Uncontested Divorce
1 Hour consultation with an attorney to discuss the terms of your settlement agreement and to answer any questions you may have No No No Yes
Access to our library of information and training material related to uncontested divorce Yes Yes Yes Yes
Preparation of your settlement agreement Yes Yes Yes Yes
20 Minute video conference with a legal practitioner from our firm to take you through your final divorce settlement agreement and explain it to you Yes Yes Yes Yes
Guidance through the process of signing the settlement agreement and compiling the necessary documents to prepare and issue summons No Yes Yes Yes
Preparation of the divorce summons No Yes Yes Yes
Delivery of the divorce summons to the sheriff No No Yes Yes
Preparation of the matter for hearing at Court No No Yes Yes
Attendance at Court with you to finalize your divorce No No Yes Yes
Upliftment of your divorce decree from the Court once it has been typed No No Yes Yes
Uncontested Divorce

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Reviews

Uncontested Divorce
Cathy Foster
11:06 18 May 17
I have been using Vermeulen attorneys for more than 3 years in my business. I have had nothing but excellent service and regular feedback on all my cases. I highly recommend them.
Uncontested Divorce
Rina Snyders
07:57 14 Sep 16
WOW!

Vermeulen Attorneys is nothing short of AMAZING. They handled my case so professionally and made sure justice was served. I am so grateful to have a lawyer like Mervyn represent me.

Thank you. Your work is exceptional.
Uncontested Divorce
Liyana Van Heerden
12:58 05 Apr 17
Excellent feedback and Results.

Vermeulen Attorneys handle all our outstanding accounts and have always proven themselves worthy of settling payment in the shortest of time frames. Their rates is affordable from small to big operating companies. The give excellent feedback so you always know where your case is standing. Glad we started working with them as they are saving us a lot of trouble and money.
Uncontested Divorce
 

Steps Involved in Uncontested Divorce

Step 1
The parties discuss and reach consensus on the issues pending between them.

 

Step 2
The agreement between the parties is reduced to a Settlement Agreement and is signed by both parties.
Step 3
Summons is drafted and the Settlement Agreement is attached to the Summons.
Step 4
Summons is issued at Court and served on the Defendant.
Step 5
The Summons and Settlement Agreement are served on the Family Advocate. The Family Advocate considers the Settlement Agreement and indicates whether same is in the best interests of the minor children.
Step 6
The matter is set down for hearing and the Plaintiff testifies in Court as to the relief claimed in the Summons. If the Court is satisfied a Decree of Divorce is granted.

Click here to download our FREE Divorce Survival Guide

 

Uncontested Divorce Frequently Asked Questions

Can one firm represent me and my spouse?
Yes, but only if you have already agreed on all the terms of the divorce, in which case the attorney’s function is merely administrative to finalize the divorce. If the matter is contested, each party would have to obtain independent legal advice
How long does an uncontested divorce take?
From the date of signature of the Deed of Settlement, the divorce usually takes 6 – 8 weeks to finalize. It can be quicker or slower, depending on the performance of the Registrar of the Court, the Sheriff and the Office of the Family Advocate. 6 – 8 weeks is the usual time-frame.
What is the cost of an uncontested divorce?
At Vermeulen Attorneys we charge R 9500 for an uncontested divorce, from start to finish. The only additional cost is the Sheriff, which is usually between R 100 – R 300. A deposit of R 4500 is billed on first consultation for the consultation and preparation of the Settlement Agreement. R 2500 is billed when the Summons is prepared. A final amount of R 2500 is billed for the appearance at the High Court.
What issues will be dealt with in the divorce?
In divorce matters the issues dealt with are usually: 1. Division of Assets and Liabilities; 2. Rights and Responsibilities in respect of children; 3. Maintenance for the parties.
Can I make a payment arrangement?
Though our payment terms entail that payment is due upon presentation of an invoice, we realize that legal costs are often an expense not budgeted for. For this reason, we accommodate clients as follows: 1. We accept credit card payments at our offices, and online via Payfast.co.za; 2. In some instances, payment arrangements may be negotiated, subject to credit checks being done, and monthly payments being made by direct debit order. Divorce matters are finalized at Court as soon as final payment has been received.
Cathleen Breedt Attorney

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