Divorce route and cost estimator

A divorce in South Africa costs somewhere between a few hundred rand and several hundred thousand, and the difference is almost entirely about whether the two of you agree. This estimator takes the facts that decide the route, whether terms are agreed, whether there are children, how you are married, whether there is a property dispute, whether one spouse is abroad, and whether interim maintenance is needed, and returns the route, the court, the steps that must happen for the children and the property, and a realistic range of cost and time for that route. It is for anyone thinking about divorce who wants to know what they are facing before the first attorney's appointment, and for spouses trying to decide whether to fight.

The rand figures are practitioner ranges, marked illustrative in the rate table. The route, the courts and the statutes are firm.

What this calculator works out and who it is for

You say whether you and your spouse have agreed the terms, whether there are children under 18, how you are married, whether there is a dispute about property or money, whether you need maintenance or a contribution to legal costs while the divorce runs, whether your spouse is abroad or cannot be found, and whether you are both willing to try mediation. The estimator returns the route, uncontested or contested; the court; the typical cost with an attorney and without one for an uncontested divorce, or the mediation and contested ranges; the time to decree; what the Family Advocate requires where there are children; how the property will be dealt with under your marital regime; the Rule 43 or Rule 58 application if you need interim relief; and the extra step if your spouse is abroad. It warns where the regime must be established before anything else can be settled.

How the calculation works

The estimator classifies the divorce as uncontested where the terms are agreed and there is no property dispute, and contested otherwise. For an uncontested divorce it reports the attorney cost range, the cost of doing it yourself with the Regional Court's help, and the time to decree. For a contested divorce it reports the mediation cost range where you are willing to mediate, calculated from the hourly rate and the number of sessions in the rate table, the contested cost range per spouse to trial, and the time. It then adds the children, property, interim relief and service lines from your answers. The marital regime line comes from a fixed table: in community of property, out of community without accrual, accrual, or a regime that must be established first.

The law behind the numbers

The Divorce Act 70 of 1979 provides in section 4 that a marriage may be dissolved on the ground of its irretrievable breakdown, proved by evidence that the parties have not lived together as spouses for a continuous period of at least a year, or that one has committed adultery and the other finds it irreconcilable with continuing the marriage, or that one has been declared a habitual criminal, or by any other evidence the court accepts. In practice the plaintiff's evidence that the marriage has broken down is enough. Section 6 provides that a decree may not be granted until the court is satisfied that the provisions for the welfare of any minor child are satisfactory or the best that can be achieved, and the Mediation in Certain Divorce Matters Act 24 of 1987 requires the Family Advocate to be given the opportunity to consider the arrangements and to institute an enquiry where it appears necessary. Section 7 deals with maintenance and the division of assets, including the redistribution order under section 7(3) for marriages out of community before 1 November 1984 and the forfeiture order under section 9.

Both the High Court and the Regional Courts have jurisdiction in divorce. The Regional Courts, formerly the divorce courts, are the ordinary forum and are cheaper and quicker for uncontested matters; the High Court is used for large or complex estates, for urgent interim relief and where the attorneys practise there. An uncontested divorce proceeds on a summons and a settlement agreement, the defendant does not defend, and the plaintiff appears briefly to confirm the breakdown and ask that the agreement be made an order of court; the guide to how long an uncontested divorce takes covers the steps and the guide to divorcing without a lawyer the self-help route through the Regional Court registrar. A contested divorce follows the ordinary civil process, summons, plea and counterclaim, discovery, a pre-trial conference and trial, and the great majority settle before or on the day of trial, usually after both sides have spent most of what the trial would have cost.

Rule 43 of the Uniform Rules in the High Court and Rule 58 of the Magistrates' Courts Rules provide for interim relief pending the divorce: maintenance for a spouse and children, a contribution towards legal costs, and interim care and contact, decided on affidavit within weeks. The guide to Rule 43 explains it; for the spouse with less income it is often what makes the divorce affordable at all. Rule 41A of the Uniform Rules requires parties in the High Court to state at the outset whether they agree to mediation and allows the court to take an unreasonable refusal into account on costs; mediation under the Act of 1987 or privately, at a few thousand rand a session shared between the parties, converts a contested divorce into an uncontested one if it produces an agreement.

The marital regime decides the property and must be established first. A civil marriage without an antenuptial contract is in community of property, and the joint estate, everything either spouse owned before or acquired during the marriage, with its debts, is divided equally, subject to a forfeiture claim under section 9; the guide to divorce in community of property covers it. A marriage out of community with an antenuptial contract that excludes the accrual leaves each spouse with their own estate; one with the accrual gives the spouse whose estate grew less a claim to half the difference, which the accrual calculator and the accrual guide work out. A customary marriage concluded after 15 November 2000 is in community of property unless a contract provides otherwise. Pension interests are divided under section 7(7) and (8) of the Divorce Act and the Pension Funds Act, which the pension interest guide explains.

Where the defendant spouse is outside South Africa, the summons must be served under an order for edictal citation; where the spouse cannot be found, under an order for substituted service, usually by publication. Both are applications before the summons can be served and add weeks and cost. The guide to divorcing a spouse overseas deals with them.

Worked example

Lerato and Sipho, married in community of property with two children aged eight and eleven, have agreed to divorce, to share the children week on week off, to sell the house and split the proceeds, and that neither pays the other maintenance. Sipho will pay child maintenance of R6 000 a month. They are in Johannesburg.

The estimator classifies the divorce as uncontested. One attorney drafts the settlement agreement and parenting plan and issues summons in the Regional Court; the cost range is R8 000 to R30 000 plus VAT and sheriff's fees, and six to twelve weeks to decree. The children line tells them the Family Advocate must consider the parenting plan before the decree; because they agree, that is usually an endorsement rather than an enquiry. The property line confirms the joint estate is divided equally and that the house sale and the pension interests go into the agreement. Had they wanted to do it without an attorney, the Regional Court's registrar would assist with the forms for a few hundred rand in sheriff's fees.

Change the facts: Sipho denies that the marriage has broken down and disputes the division of his pension and the business he started during the marriage. The estimator classifies the divorce as contested, suggests mediation first at three to eight sessions of R1 500 to R3 000 an hour shared, and reports a contested range of R150 000 to R600 000 per spouse to trial over twelve to thirty-six months. Because Lerato earns much less, the interim relief line points her to a Rule 43 or Rule 58 application for maintenance and a contribution to costs within weeks. Because there are children, the Family Advocate will investigate the dispute over care. If mediation produces an agreement after four sessions, the divorce becomes the uncontested one in the first paragraph and most of the contested cost never happens.

What the calculator does not include

It does not estimate the value of the estate, the accrual, the pension interest or the maintenance, each of which has its own calculator or guide on this site.

It does not model the forfeiture claim under section 9, the redistribution order under section 7(3), or disputes about whether a marriage is valid.

It does not deal with the dissolution of a customary marriage's lobolo arrangements, with religious divorces that run alongside the civil one, or with foreign divorces and their recognition.

It does not price advocates, forensic accountants, psychologists for a care enquiry, or the cost of a Rule 43 application itself, all of which sit on top of the contested range.

The rand figures are illustrative ranges from practitioner surveys. A written estimate from an attorney, with the hourly rate and what is excluded, is the only figure to rely on.

When to get advice

An agreed divorce with no property of substance and no children can be done through the Regional Court without an attorney, and the registrar's office will help. Use an attorney for the settlement agreement where there is a house, a pension or a business, because the agreement becomes an order of court and is hard to undo; one attorney drafting for both on instruction is common and cheap. See an attorney urgently if you need interim maintenance or a contribution to costs, because Rule 43 is quick and changes the balance; if your spouse has started moving assets; if there is violence, where a protection order comes first; or if your spouse is abroad. Try mediation before litigation in every contested case where it is safe to sit in a room together, because the court will ask whether you did and the cost difference is an order of magnitude.

Frequently asked questions

How much does a divorce cost in South Africa? An uncontested divorce with an attorney typically costs R8 000 to R30 000 plus VAT and disbursements, or a few hundred rand in sheriff's fees if you do it yourself through the Regional Court. A contested divorce to trial typically costs R150 000 to R600 000 per spouse, and more with experts. Mediation at R1 500 to R3 000 an hour over a few sessions is the cheapest way out of a contested one.

How long does a divorce take? Six to twelve weeks for an uncontested divorce, depending on the court roll and the Family Advocate. One to three years for a contested one, most of which settle before trial.

Which court do I use? The Regional Court or the High Court; both have jurisdiction. The Regional Court is cheaper and the ordinary choice for an uncontested divorce; the High Court is used for complex estates and urgent interim relief.

What happens about the children? The court will not grant the decree until it is satisfied the arrangements are in the children's best interests, and the Family Advocate must consider them. An agreed parenting plan is endorsed; a dispute leads to an enquiry and often a psychologist's report.

Can I get maintenance while the divorce runs? Yes, under Rule 43 in the High Court or Rule 58 in the Regional Court: maintenance for you and the children, a contribution to your legal costs and interim care arrangements, decided on affidavit within weeks.

Do we have to try mediation? In the High Court you must state whether you agree to it under Rule 41A, and an unreasonable refusal can count against you on costs. It is not compulsory, but it is where most contested divorces should start.

What if I do not know how we are married? A civil marriage without an antenuptial contract is in community of property. The marriage certificate shows whether a contract was registered, and the deeds office has a copy. Nothing about the property can be settled until this is known.