Divorce - Understanding the Cost of Divorce
Understanding the Cost of Divorce in South Africa
The cost of divorce will vary depending on the type of proceeding the parties are going through. When it comes to divorce in South Africa, the process can be relatively speedy, or it can take many months or even years. Here we explore different processes and the financial implications involved:
A DIY process:
A do-it-yourself proceeding is undoubtedly the most cost-effective way to end a marriage since parties will handle all administrative and bureaucratic procedures themselves without the help of an attorney. If there are no assets or children involved and both parties have the time and energy to embark on the process without legal support, it can save money. While this might seem like the best solution in terms of financials, it can be time-consuming, and there is a risk that paperwork and administrative affairs won't be completed properly by the parties. This can prolong the process and cause stress if not handled properly.
An uncontested divorce:
An uncontested process is a speedy proceeding when you get legal support, and parties might be able to finalise their divorce in as little as a month. In such a proceeding, both parties can use the same attorney, and this significantly cuts down on legal costs. The benefit of such a process is the parties can split the lawyer's bill and rest assured that everything will be handled professionally, and no documents will be missed.
Contested proceedings:
Unfortunately, this is the most expensive proceeding, especially if it drags on for months or years. Contested processes occur when parties cannot agree on the terms and conditions and might be in conflict around shared assets, custody, and child support. At worst, these can drag on for years, causing significant financial and emotional distress. These proceedings are prolonged and, as a result, can be more expensive. In such an instance, parties must use different lawyers.
The cost of divorce largely depends on the type of process you embark on. In amicable, non-contested situations, costs can be reduced. However, when it comes to contested affairs, both individuals will likely fork out a lot of money.
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