UNOPPOSED AND OPPOSED DIVORCE: WHAT’S THE DIFFERENCE?

Unopposed or opposed divorce?

My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce, but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can grant a decree of divorce even if your spouse does not want to get divorced.

Interim access to children and maintenance?

There is a process, called a ‘Rule 43’ application, whereby you can apply to court for an order regarding the care and access to the children and maintenance, pending the finalisation of the divorce. You can even ask for a contribution towards your legal costs.

 How long does it take to get divorced?

Where a divorce is unopposed and there are no complications or children involved, the process can sometimes be finalised in as little as four to eight weeks.

Where a divorce is opposed, it can easily take two to three years, or more. However, most divorce cases get settled before the parties have to go to Court; even where the divorce started out as an opposed divorce. As soon as the parties in an opposed divorce reach a settlement agreement and the divorce becomes unopposed, it can again be possible to finalise the divorce in as little as four weeks.

 What you need to do

1. Schedule a consultation with an attorney practising in family law;
2. Get copies of the following documents, if possible:

• Your identity document;
• Your Ante-Nuptial Agreement, if any;
• The children’s births certificates, if any; and
• Your marriage certificate

3. Also make sure that you have the following information handy:

• Your full names, surname, identity number, occupation and place of residence;
• Your spouse’s full names, surname, identity number, occupation and place of residence;
• Date when you got married and the place where the marriage took place;
• Children’s full names, surnames, identity numbers; and
• Comprehensive details of any funds (such as pension funds, retirement annuities and provident funds) which you or your spouse belong to.

You may institute divorce proceedings in either a High Court or Magistrates’ Court (Regional Court).

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

Reference:

http://www.legal-aid.co.za/selfhelp/