How much it can potentially cost to get a divorce in South Africa, what the recent divorce statistics reveal, and the information needed in a summons.
Overview
The decision to get a divorce is never easy and the emotional turmoil it can cause can be extremely heavy for the parties involved, especially if it is not an amicable divorce. Contested divorces tend to be the most gruelling, as they mean that parties cannot reach an agreement.
One might wonder how much it could potentially cost if the decision is made to leave a marriage. Knowing the potential costs involved in getting a divorce can help you better plan.
Divorce costs in South Africa
In South Africa there are two types of divorces: a divorce can either be contested – whereby the two parties are in disagreement about certain terms and cannot find a resolve, or uncontested – when both parties agree to the terms and there are no issues. The costs of divorce will vary, depending on the type of divorce being handled.
A contested divorce can tend to take longer and cost more than an uncontested divorce, where agreements are met between the two parties and there is nothing delaying the processes that need to take place for a finalisation.
How much does divorce cost in South Africa?
Every divorce will be different and the costs will vary depending on the type of divorce. Typically, if you are dealing with an uncontested divorce, it can cost you anything between R800 and R20 000, all dependent on how complicated or easy the divorce settlement agreement and the agreements related to the care and contact of the child/children involved are (if there are children).
In the case of a contested divorce, these estimated costs can and will go up because the amount of time a contested divorce takes can be longer and can use up a lot more resources that will have to be paid for. Especially in the case of lawyer fees and the costs of additional help from experts such as child-care experts, forensic accountants to assess assets, or psychologists, amongst others.
Statistics South Africa on divorces in South Africa for 2020
Statistics South Africa (Stats SA) recently released its statistical report on marriages and divorces for 2020. These stats indicated that a total of 16 097 divorce forms were processed in 2020, which was a decrease from the 32.1 percent, equalling 23 710 divorces processed in 2019.
There were more women, 8 490 (52.7 percent) than men 5 505 (34.2 percent) who filed for divorce in 2020. The median divorce ages were 45 years old for men and 41 years old for women, with 8 826 divorces involving children under the age of 18.
What to do if you need an attorney but cannot afford one
There are, unfortunately, cases where you need an attorney to get legal advice, but you cannot afford one. You should seek help, as you could qualify for legal aid. You can either contact Legal Aid South Africa, your local University Law Clinic, or your nearest law society to find out more about your situation and whether you are eligible for legal aid. You can also approach the court for an order to have your spouse pay your legal fees and costs.
What should a divorce summons state?
The process of a divorce is initiated by the issuing of a divorce summons. The summons need to state that there is no way for the relationship to be restored, make provision for how joint assets and estates will be divided, be clear on what the arrangements are in terms of the children who were born or adopted of the marriage (if any), and state that the defendant has 10 or 20 days to respond to the summons. A registrar will then open a file with a case number.
Final thoughts
The process of divorce is not an easy one for any couple, in terms of the emotional turmoil that comes with enduring a divorce as well as the costs of proceedings depending on the kind of divorce being dealt with. Uncontested divorces can be quicker and less costly.
In the case of a contested divorce, things can get complicated as disagreements by the parties involved can prolong the process and at the same time, incur more costs related to delays and the fees involved in getting extra help from external resources and experts.
