Take control of your future. Start with the right attorney.

An uncontested divorce can be finalised in as little as 4–8 weeks if both parties agree on all terms. A contested divorce, where the parties disagree on custody, maintenance or asset division, can take considerably longer, often 6 months to several years depending on complexity and court availability.

An uncontested divorce is one where both spouses agree on all aspects, including asset division, custody and maintenance. A contested divorce arises when the parties cannot reach agreement and a court must decide. Uncontested divorces are significantly faster, less costly and less emotionally taxing.

Division depends on your matrimonial property regime. Marriages in community of property often result in a 50/50 split of the joint estate. Out of community with accrual divides the growth in each spouse's estate during the marriage. Out of community without accrual means each spouse retains their own assets, subject to certain exceptions, such as redistribution.

South African law recognises that the involvement of both parents is generally in the best interests of the child. Fathers have the right to apply for custody, contact and guardianship. Courts do not automatically favour mothers, the primary consideration is always the best interests of the child.

While not legally required in all cases, an experienced attorney significantly protects your interests. Settlement agreements drafted without legal advice are often unfair or unenforceable. The cost of proper legal advice is almost always less than the cost of getting it wrong.

Our primary Cape Town office is at 18th Floor, 2 Long Street, Cape Town. We also have offices in Sandton, Durban and Dubai, with an exclusive alliance with the DWF Group offering access to an extensive global network of legal expertise.