How much does a divorce cost in South Africa?

A divorce in South Africa can cost a few thousand rand or several hundred thousand. The one thing that moves the number most is whether the divorce is uncontested, meaning you and your spouse agree in writing on everything, or contested, meaning a court has to decide something for you.

Nothing else comes close to that difference. The size of your estate, the court you use and whether you have children all matter, but they matter far less than whether the two of you are arguing.

Uncontested and contested divorces are different products

Every divorce in South Africa is granted under the Divorce Act 70 of 1979, and in almost every case the ground is irretrievable breakdown of the marriage. That means the marriage has broken down to the point where there is no reasonable prospect of restoring a normal relationship. You do not have to prove that anyone was at fault.

An uncontested divorce is one where you settle everything before you get near a courtroom: how the assets are divided, who the children live with, contact arrangements, and maintenance. Your agreement is written up as a settlement agreement, and the court is asked to make it an order. Only one of you usually has to appear, and the appearance is often over in minutes.

A contested divorce is a full lawsuit. Pleadings, discovery of documents, expert reports, possibly a trial. Attorneys bill by the hour, so every letter, every affidavit and every postponement adds to the bill.

The practical point is this. If you and your spouse can agree, even roughly, you are choosing the cheap version. If you cannot, you are choosing the expensive one, and neither of you controls how expensive it gets.

What you are actually paying for

The invoice is usually made up of some combination of:

• The attorney's professional fees, charged either at an hourly rate or as a fixed fee for a defined uncontested matter.
• Drafting, which covers the summons, the particulars of claim, the settlement agreement and, where there are children, a parenting plan.
• Sheriff's fees for serving the summons on your spouse. This is a separate charge that has nothing to do with your attorney, and it goes up if the sheriff has to travel or make repeated attempts.
• Court fees and disbursements, which are usually small on their own but add up.
• Counsel (an advocate), if one is briefed. This is common in contested High Court matters and unusual in uncontested ones.
• Experts, such as a social worker, a psychologist or an actuary. These are only needed in contested matters and can be a very large line item.
• VAT, which most firms quote separately.

Ask for the quote to be split this way. A firm that will not tell you which part is fees and which part is disbursements is not a firm you want billing you by the hour.

What an uncontested divorce usually costs

Quoted ranges vary a lot by firm and by city, and nothing below is a fixed price. As a broad guide, a simple uncontested divorce with no children and no assets to divide is commonly quoted in the low thousands of rands. Once there are children, a settlement agreement and a parenting plan to draft, the range typically runs into the teens of thousands.

Some firms offer a flat fee for an uncontested divorce. That is usually good value, but read what it excludes. Flat fees normally assume your spouse signs everything without changes and does not defend. The moment your spouse files a notice of intention to defend, most flat fees fall away and hourly billing starts.

Why a contested divorce has no real ceiling

In a contested divorce the cost is driven by the other side's behaviour as much as your own. A spouse who refuses to disclose assets, changes attorneys, or postpones repeatedly will drive your bill up even if you are being entirely reasonable.

Contested divorces in the High Court, particularly ones involving a business, a trust or a fight about the children, routinely run into hundreds of thousands of rands across both sides. Courts can order one party to pay some or all of the other's costs, but you should never plan around that. It is discretionary and it usually arrives long after you have already paid your own attorney.

If money is a real constraint, the cheapest thing you can do is narrow the fight. Even settling three of four issues shortens the trial and cuts the cost.

What is free

Several parts of the system cost nothing, and people pay for them unnecessarily.

• The Maintenance Court, which sits in the Magistrates' Court, deals with child and spousal maintenance. Applying is free, and you do not need an attorney. See How is child maintenance calculated?.
• The Office of the Family Advocate assists in matters involving children, at no cost, and can investigate and report to the court on what is in the child's best interests.
• A protection order under the Domestic Violence Act 116 of 1998 is applied for free at any Magistrates' Court.
• Legal Aid South Africa on 0800 110 110 takes on some family matters, particularly where a child's interests are involved. There is a means test, so phone and ask rather than assuming you do not qualify. Our legal aid page has more.
• University law clinics in most major centres take family matters for free or at very low cost.

How to keep the bill down

Come to the first consultation organised. Bring your marriage certificate, your antenuptial contract if you have one, recent payslips, bank statements, and a list of assets and debts. Time spent hunting for documents is time you are paying for.

Agree what you can before you instruct anyone. Mediation is usually far cheaper than litigation and a mediated agreement can be made an order of court.

Ask for a written mandate and a fee estimate up front, and ask to be billed monthly rather than at the end. Say clearly that you do not want long letters written to score points. Use email rather than telephone calls where you can, so there is a record and less billed time.

Finally, decide early whether you are fighting about money or about hurt. Divorces get expensive when the second one is being paid for with the first.