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Divorce in South Africa: the three routes, step by step

What happens, in what order, what it usually costs, how the money is worked out, and what most often goes wrong.

Last updated:
14 November 2026
Checked against the law:
14 November 2026

The short answer

A divorce is always granted by a court, even when you agree on everything. If you agree, it can be done in weeks, and a Regional Court gives out the forms free. If you don't, a court decides, and that can take years. The forms are the easy part. What you agree about the pension, the house, the debts and the children is what you live with afterwards.

At a glance

Who grants it
A court, always
Even when you agree on everything. A Regional Court or the High Court.
Do you need a lawyer?
Not by law
A Regional Court gives out the forms free and helps you fill them in.
What you have to show
That the marriage has broken down
With no reasonable prospect of repairing it. Divorce Act, sections 3 and 4.
What takes the time
Agreeing, not the hearing
Reaching agreement takes weeks, months or years.

Which route are you on

  • Uncontested

    You agree on everything and sign a settlement.

    Usual cost
    R8 000 to R20 000
    Usual time
    6 to 12 weeks
  • Mediated

    A mediator helps you agree, then it runs as uncontested.

    Usual cost
    R5 000 to R30 000 for the mediator, plus the uncontested cost
    Usual time
    No published figure
  • Contested

    You cannot agree, and a court decides.

    Usual cost
    R100 000 or more
    Usual time
    2 to 3 years, or more
Published figures, no practitioner reviewRanges that others have published, read in November 2026. They are not quotes. Where each figure comes from.

You are on the uncontested route only when all four of these are settled between you.

Uncontested means all four are agreed

  • You both accept that the divorce will go ahead.
  • Where the children live, and when they are with each parent.
  • Who pays what: for the children, and for each other.
  • Who keeps what, including the pensions and the debts.

One "no" means mediation or court. Mediation is not safe if there has been abuse, threats or fear. If that is your situation, start with crisis lines and protection orders.

Step by step: an uncontested divorce in a Regional Court

  1. Check which court can hear it

    Who:
    You
  2. Agree the terms and put them in writing

    Who:
    Both of you, usually with an attorney or a mediator
    How long:
    Days to months
  3. Have the summons issued

    Who:
    The spouse who starts the divorce
    Where:
    The registrar's office at the Regional Court
  4. The sheriff delivers it

    Who:
    The sheriff of the court
  5. The court looks at the children's arrangements

    Who:
    The court, and the Family Advocate if asked
  6. Ask for a date

    Who:
    The spouse who started
    Where:
    The registrar's office
    How long:
    Depends on the court's roll
  7. The hearing

    Who:
    The spouse who started
    How long:
    Short
  8. The decree of divorce

    Who:
    The court

If you cannot agree

The court decides what you could not. That takes longer and costs more, and in one province a step has been added.

  • Gauteng High Court. Since 22 April 2025 no case is given a trial date without a report showing that mediation was tried first.

How the money is worked out

It depends on how you were married.

  • In community of property

    No antenuptial contract

  • Out of community, with accrual

    An antenuptial contract that does not exclude accrual

  • Out of community, without accrual

    An antenuptial contract that excludes accrual

Accrual: half of the difference in growthExample, invented figures
Thandi
Her estate todayR1 800 000
What she started with, adjusted for inflation− R300 000
Thandi's growthR1 500 000
Sipho
His estate todayR700 000
What he started with, adjusted for inflation− R100 000
Sipho's growthR600 000
The claim
Difference in growthR900 000
Thandi pays Sipho half of itR450 000

Starting values are adjusted for the change in the value of money, using the consumer price index. Inheritances, legacies and gifts are left out unless the contract says otherwise. Matrimonial Property Act, sections 3, 4 and 5.

The pension

After the house, a pension is often the largest asset.

  • A member's pension interest counts as part of their assets on divorce (Divorce Act, section 7(7)).
  • A court can order the fund to pay part of it to the other spouse (section 7(8)). The fund acts on that order.

Maintenance

  • For the children: the child maintenance estimate shows how the sum is usually approached.
  • For a spouse: not automatic. You agree it in writing, or the court decides when it grants the divorce. It looks at what each of you has and can earn, your needs and obligations, your ages, how long you were married, how you lived, and conduct relevant to the breakdown (section 7(1) and 7(2)).

Forfeiture

A court can order that one spouse loses some or all of the financial benefits of the marriage, if the other would otherwise be unduly benefited. It looks at how long the marriage lasted, why it broke down and any substantial misconduct (section 9).

What can happen

  • You settle first

    The quickest

  • You settle on the way

    After it has started

  • The court postpones

    If reconciliation looks possible

  • A court decides

    The slowest and most expensive

What goes wrong

  • The pension is left out of the order

    Worth checking: that the settlement deals with every retirement fund by name, and states the share as a percentage or an amount.

  • Signing before you have seen the figures

    Worth checking: that you have statements for every account, debt, policy and fund before you sign.

  • Maintenance for a spouse is not dealt with

    Worth checking: whether the settlement says anything about maintenance for either of you, and for how long.

  • Loose wording about the children

    Worth checking: days, handovers, holidays, and who decides about school and medical care.

What to gather

Whatever your route, these get asked for

  • Your marriage certificate and both ID documents
  • Your antenuptial contract, if you signed one
  • The children's birth certificates
  • Three to six months of statements for every bank account
  • Payslips, or financial statements if you work for yourself, and your latest tax assessment
  • A statement from every pension, provident and retirement annuity fund, with the fund's name and your member number
  • The bond statement, and the finance statement for each vehicle
  • Every life policy, with its named beneficiaries
  • A list of every debt: store cards, credit cards, loans
  • What you and the children spend in an ordinary month

What has changed lately

  • Gauteng High Court, 22 April 2025. Mediation comes before a trial date.
  • Muslim marriages, 2024. The Divorce Act now covers Muslim marriages (section 3, as amended by the Divorce Amendment Act 1 of 2024).
  • Redistribution. A Bill (B20-2025) would widen who can ask a court to redistribute assets in a marriage without accrual. It is before Parliament and is not yet law.

What this means for you

The forms are the easy part, and the court gives them away. What you live with is the settlement: the pension, the house, the debts and the children's week. Those are the things to have clear before a first meeting with anyone you pay by the hour.

After the decree

Things people usually still have to arrange themselves

  • Send a certified copy of the order to each retirement fund that has to pay
  • Arrange the transfer of the house and speak to the bank about the bond
  • Close or move every shared account and debt
  • Look again at your will and at the beneficiaries on your policies and funds
  • Tell your medical scheme, your employer and SARS
  • Give the children's school and doctor the new contact details

Sources

Every legal statement in this guide comes from one of these. We checked each statement against its source. A legal practitioner has not reviewed this guide.

  1. Divorce Act 70 of 1979, sections 2, 3, 4, 6, 7 and 9 (consolidated to 14 May 2024)
  2. Matrimonial Property Act 88 of 1984, sections 2 to 5 (consolidated to 3 April 2024)
  3. Legal Aid South Africa, self-help divorce guide (Regional Court)
  4. Government of South Africa, How to get a divorce
  5. Gauteng Division of the High Court, Directive on mediation, 22 April 2025
  6. General (Family) Laws Amendment Bill, B20-2025 (a Bill, not yet law)
  7. Plainly cost and time ranges (sample figures)

Independent. Not a law firm. Legal information, not legal advice.