How Long Does Divorce Take in South Africa? Timeline for Contested and Uncontested Cases

If you’re thinking about divorce, one of the first questions you will likely have is: How long will it take? The answer depends on whether the divorce is contested or uncontested, the court in which it is filed, and a variety of practical factors that can speed up or slow down the process.

This guide explains the typical timelines for divorce in South Africa, from filing to finalisation, and what to expect along the way.

1. Understanding the Two Types of Divorce

Uncontested Divorce

 — The Quickest Route

An uncontested divorce is when both spouses agree that the marriage has broken down irretrievably and mutually agree to go their separate ways. This is the fastest and most cost-effective way to get divorced in South Africa.

To keep timelines short:

  • Agree on settlement terms early — preferably before or while issuing the summons.
  • Draft and sign a settlement agreement covering property division, child care, and maintenance. This can be done by one attorney acting for both parties (if the matter remains amicable) or by two separate attorneys.
  • Even in an uncontested divorce, the summons must be served personally by the sheriff on the other spouse. The sheriff’s return of service must confirm that the defendant received the summons in person.
  • To speed things up, the defendant can file a Notice of Intention Not to Defend together with the signed settlement agreement. This helps prevent questions or delays in court.

Typical timeline:

If paperwork is complete and court dates are available, an uncontested divorce can be finalised in 4 to 6 weeks in the Regional Court, sometimes sooner in the High Court. However, court date availability can add delays.

Contested Divorce

 — Longer and More Complex

A contested divorce is when the spouses do not agree on one or more aspects of the divorce — such as property division, child custody, or maintenance.

Factors that affect the timeline include:

  • The number and nature of disputed issues
  • The complexity of the evidence required
  • Court date availability in your jurisdiction
  • The pace at which attorneys exchange pleadings and documents

Key stages and deadlines (court days only — weekends and public holidays excluded):

  1. Service of Summons — The defendant has 10 days to file a Notice of Intention to Defend.
  2. Plea and Counterclaim — If applicable, must be filed within 20 days thereafter.
  3. Replication — The plaintiff has 10 days to respond.
  4. Amendments — Either party may apply to amend their pleadings (Rule 55A in the Regional Court, Rule 28 in the High Court). This can add weeks to the process.

Applications that cause delays:

  • Rule 43 (High Court) or Rule 58 (Regional Court) applications for interim maintenance, custody, or financial relief. These orders are temporary and fall away once the final divorce order is granted.
  • Interim disputes about parenting arrangements or access to funds.

Typical timeline:

A contested divorce can take 12 to 36 months or longer, depending on the disputes involved and court availability.

2. Court Choice and Jurisdiction

Divorces in South Africa are heard in the High Court or the Regional Court (not the Magistrate’s Court). You must issue your divorce summons in the court with jurisdiction where you or your spouse were residing at the time of issue — you cannot choose a “less busy” court simply for convenience.

Court backlogs can significantly affect timelines. If your court only has hearing dates three months away, you must work within that schedule. This applies to both contested and uncontested divorces.

3. Why Maintenance Disputes Can Slow Things Down

While maintenance can be addressed in the divorce itself, many judges and magistrates prefer that child and spousal maintenance disputes be transferred to the Maintenance Court, which is better equipped to handle them.

If maintenance is the only unresolved issue, it is often quicker to finalise the divorce and let the Maintenance Court handle those proceedings separately.

4. Other Causes of Delay

Some delays are beyond the control of the parties or attorneys, including:

  • Load shedding where courts lack backup generators
  • Shortage of magistrates or stenographers
  • Administrative backlogs in court registries
  • Attorneys managing heavy caseloads and responding slowly to correspondence

5. How to Avoid Unnecessary Delays

  • Prepare all documentation in advance, including your settlement agreement and parenting plan if applicable.
  • Ensure proper service of the summons by the sheriff.
  • Respond promptly to all legal correspondence.
  • Where possible, narrow disputes to only the most essential issues.

Final Word

How long does divorce take in South Africa? It depends. An uncontested divorce can be wrapped up in as little as a month, while a contested divorce can take up to a year and a few months. The more you and your spouse can agree on upfront, the faster and less stressful the process will be.

If you are planning to file for divorce — or have just been served — speak to an experienced family law attorney who can guide you through the process and help you avoid unnecessary delays.