How long does an uncontested divorce take?

An uncontested divorce in South Africa usually takes somewhere between six weeks and three months, measured from the day the summons is issued to the day the court grants the decree. In a simple matter with no children and a signed settlement agreement, it can be quicker. The court appearance at the end is often over in under ten minutes.

The important word is "uncontested". That does not mean you are on good terms. It means your spouse does not defend the action and both of you have signed an agreement dealing with everything: the assets, the children, contact, and maintenance. If any of that is still being negotiated, you are not on the uncontested timeline yet.

There is no waiting period in South African law. You do not have to be separated for a set number of months first. Divorce is granted under the Divorce Act 70 of 1979 on the ground of irretrievable breakdown of the marriage, and the court can grant it as soon as the process is complete.

The steps, and roughly how long each takes

1. Consultation and drafting. Your attorney takes instructions and drafts the summons, the particulars of claim and the settlement agreement. Where there are children this includes a parenting plan. This part is driven by you. If you come organised with your marriage certificate, antenuptial contract, payslips and a list of assets and debts, it can take days. If the two of you are still negotiating clauses by message, it can take months.

2. Signing the settlement agreement. Both of you sign. This is the moment the divorce becomes genuinely uncontested.

3. Issuing the summons. The summons is issued at the court. This is administrative and quick.

4. Service by the sheriff. The sheriff must serve the summons on your spouse personally. Not by email, not by leaving it with a neighbour. This is a requirement in divorce matters and it is where most delays happen. Give the sheriff a good address, a description, and times when your spouse is likely to be there.

5. The dies, or waiting period. Once served, your spouse has a period of court days to deliver a notice of intention to defend. In an uncontested matter they simply do not file one, and once that period has run you can set the matter down.

6. Setting the matter down. Your attorney applies for a date on the unopposed roll. How long you wait depends entirely on how busy that court is. This varies a great deal between courts and can be the second biggest delay after service.

7. The court appearance. One of you attends and gives short evidence confirming the marriage has broken down irretrievably and that the settlement agreement is what you agreed. The court grants the decree of divorce and usually makes the settlement agreement an order of court.

You are divorced on that date. There is no further waiting step and no interim decree.

What actually causes the delays

Your spouse cannot be found or avoids the sheriff. This is the single most common problem. If personal service genuinely cannot be effected, your attorney can apply to court for permission to serve in another way, called substituted service. That is an extra application and it adds weeks.

The children's arrangements are queried. Where minor children are involved, the Office of the Family Advocate may consider whether the arrangements are in the children's best interests. If the Family Advocate wants more information or an interview, the matter waits. The Family Advocate is free, and its involvement is a protection for the children, not an obstacle.

The court roll is full. Some courts give unopposed dates within a fortnight. Others take considerably longer. You cannot do much about this except get your papers in early.

The agreement is not really agreed. A spouse who signs and then wants to renegotiate, or who files a notice of intention to defend at the last moment, moves your matter off the uncontested track entirely. At that point you are looking at a contested divorce, which is measured in years rather than weeks.

What still needs doing after the decree

Getting the decree is not quite the end of the admin.

• Ask for a certified copy of the decree of divorce and the settlement agreement. You will need it repeatedly.
• If a pension interest was awarded, the order has to be sent to the retirement fund so it can be given effect. Check that the order is worded in a way the fund can act on before you leave court.
• If immovable property is transferred, a conveyancer must attend to the transfer at the Deeds Office. That is a separate process with its own timeline and costs.
• Update your marital status with the Department of Home Affairs, and update your will, your beneficiary nominations on policies and funds, and your bank and medical aid records.
• If your name changes back, allow time for identity documents and everything linked to them.

How to make it go faster

Settle first, then instruct. Every day spent negotiating after the summons is issued is a day added to the timeline and to the bill.

Give the sheriff everything you know about where your spouse will be. Where possible, ask your spouse to accept service by arrangement at a time and place that suits them.

Answer your attorney's requests for documents the same week. Most of the waiting in an uncontested divorce is not the court. It is one of the two people involved.