Begin at Step 1 and let us test if you qualify for a purely uncontested divorce and are therefore enabled to proceed to Step 2 of our DIY online divorce process.
If you do qualify proceed to Steps 2 - 4 (on the DIY LAW webpage that deals with online divorces).
Once you concluded Step 3 we will make all the documentation available to you, enabling you to immediately proceed with your DIY Divorce with the guidance of our comprehensive step-by-step guide and checklist which will consist of the following:
- Cover Sheet.
- Notice of Set down
- Where there are minor children Form A
- Divorce statistics Form as required by the Department of Statistics
- Combined Summons
- Particulars of claim
- Deed of Settlement
Upon receipt of the documentation specified above you need to follow the following steps:
Both you and your spouse will need to sign the Deed of Settlement.
Make the necessary copies of all documents.
Go to Court to issue your Summons and annexures at the Registrar of court, details of which will be supplied to you where the court will amongst others issue the documents with a case number.
Once the papers are issued at court, you will need to take the documents to the sheriff of the Court for service on the Defendant at the office of the sheriff in which the Defendant resides. Costs to serve the documents are approximately between R70 - R200. It is advisable that both you and your spouse go to the sheriff's office to speed up the serving of the documents so that the sheriff can serve it on the Defendant, if not the sheriff will serve it at the Defendant's work or residence. (This is the procedure you take when there are no minor children involved.)
Where there are minor children involved. Go to the Family Advocate in your area to endorse the Deed of Settlement.
Go back to Court (Registrar) and request a date for the hearing.
Appear in court on that date given to you by the Registrar.
Go back to court and obtain your final divorce order.
Go to your local Home Affairs office with the original divorce order to amend your status from married to unmarried / single.
Please take note that this is only a summary of the process and a comprehensive step-by-step guide will be provided to you along with the divorce documentation.