Quick and simple explanation of Uncontested Divorce:
The couple agree on all of the possibly difficult aspects of splitting the joint estate between them before the divorce process has started. Once you receive your divorce summons, the sheriff will have to serve the summons on your spouse, thereafter you shall be in a position to approach the court for your divorce order.
If you have children under the age of 18, the Family Advocate will have to endorse a parenting plan agreed upon between you and your spouse.
The better organised you are the smoother the process will go. If possible, discuss the following with your spouse:
- How will your assets and debts be divided;
- Visitation with children for the parent they do not live with. Important to remember that the parent the children does not live with has a right to participate in the child’s life and this cannot be withheld.
- Maintenance for the children. This will be determined by the actual needs of the children versus the ability of each parent to contribute to the need.
- Does your spouse need maintenance, if so for how long.
To complete the process on your own, you will need an address not further than 15km from your nearest Magistrates Court.
Together with your divorce documents, you will need your original marriage certificate to hand in to the Magistrate on the day of your divorce.
Please Fill in the form below to start your Divorce
