Deciding to divorce is rarely easy, and once the decision is made, the next question is almost always the same: where do I even begin? As a divorce attorney in Port Elizabeth (Gqeberha), this is the question I’m asked more than any other. Here is a straightforward, step-by-step answer.

Step 1: An Initial Consultation

The divorce process in South Africa typically begins with a consultation with a family/divorce law attorney. This is where you’ll talk through your circumstances, your marriage, your children (if any), your finances, and what you’d like the outcome to look like. There’s no obligation at this stage; it’s simply about understanding your situation and your options. This is also the point where you’ll get a realistic view of timelines and costs for your specific matter.

Step 2: Establishing Whether It Will Be Contested or Uncontested

This decision shapes everything that follows, including how long your divorce will take and what it will cost.

Uncontested divorce: If you and your spouse agree on the key issues, division of assets, maintenance, and care of children, the divorce can usually proceed as uncontested. A settlement agreement is drafted, signed by both parties, and made an order of court. This route is faster, often a matter of weeks to a few months, and significantly less costly, since it avoids opposed court appearances.

Contested divorce: If there are disagreements over assets, maintenance, or children, the matter becomes contested. This involves formal pleadings, discovery, possibly mediation, and, where agreement still can’t be reached, a trial. Contested matters can take considerably longer, sometimes a year or more, depending on complexity.

Step 3: Drafting and Issuing Summons

Your attorney will draft a summons (or, where both parties already agree on terms, a joint Deed of Settlement to accompany it) and formally issue it at the relevant Regional Court or High Court. Your spouse must then be formally served with the papers by the Sheriff of the Court, which starts the clock on their opportunity to respond.

Step 4: Your Spouse’s Response

Once served, your spouse has a set period to respond. If they don’t oppose the divorce, or where terms are agreed, the matter proceeds on an unopposed basis. If they file a Notice of Intention to Defend, the matter becomes contested and moves into pleadings and discovery.

Step 5: Settlement, Mediation, or Trial

Most divorces, even contested ones, settle before trial. Where an agreement is reached at any point, a Deed of Settlement is signed and made an order of court. Where appropriate, I steer matters towards mediation rather than litigation, because it’s usually faster, less expensive, and easier on any children involved. Where settlement isn’t possible, the matter proceeds to trial and a judge decides the outstanding issues.

Step 6: Finalisation

Once terms are agreed or a trial concludes, the court grants a Decree of Divorce. From there, any further steps are actioned: property transfers, pension fund endorsements, and updates to your marital status with Home Affairs.

What Documents Will You Need?

To get started, it helps to have the following on hand: your marriage certificate, identity documents, your antenuptial contract (if you have one), proof of income and financial statements, details of joint and separate assets and debts, and, where children are involved, their birth certificates and details of their schooling and care arrangements. Don’t worry if you don’t have everything at the first consultation; we’ll work through what’s needed together.

For a closer look at the actual legal documents involved – including the summons, particulars of claim, and the final decree of divorce – see our guide on divorce papers in South Africa.

How Long Does It Take?

An uncontested divorce where both parties agree can often be finalised within a matter of weeks to a few months, largely depending on court availability. A contested divorce takes longer, the more issues in dispute, and the less cooperative the process, the longer it will run. I’ll give you a realistic estimate for your specific circumstances at the first consultation, rather than a generic timeline that may not apply to you.

What Will It Cost?

Costs depend heavily on whether your matter is contested or uncontested, and how much negotiation or court time it requires. We provide transparent, upfront quotes, see our pricing page for guidance, or get in touch for a quote tailored to your situation.

Frequently Asked Questions

Do both spouses need to agree to get divorced?

No. You do not need your spouse’s consent, and you do not need to prove fault. South African law only requires that the marriage has irretrievably broken down.

Can I start the process if I don’t know where my spouse is?

Yes, there are court procedures for substituted service, including service by email, text message, or publication, where a spouse’s whereabouts are unknown.

What’s the difference between separation and divorce?

Separation means you’re living apart but remain legally married. Only a Decree of Divorce granted by a court legally ends a marriage in South Africa.

Do I need a lawyer to get divorced?

It isn’t a strict legal requirement, but given what’s typically at stake, your children’s care arrangements, your home, and your financial future, most people find that professional guidance more than pays for itself in the outcome.

Speak to a Divorce Attorney in Port Elizabeth

Every divorce is different, and the right first step depends on your specific circumstances. If you’re not sure where you stand, a conversation with an experienced divorce attorney is the best place to start. Confidential, no obligation, and I’ll tell you plainly where you stand.

Tel: 041 004 0086