Divorce Attorneys for Contested and Uncontested Matters
Confidential guidance from planning through to a final order.
Divorce affects legal status, finances, property and often parenting arrangements. We provide confidential advice from early planning and document gathering through settlement or court proceedings.
First Steps
What to Consider Before Starting a Divorce
Safety and urgent interim needs, marriage type and matrimonial-property system, jurisdiction, children and present care arrangements, assets, liabilities, income and pensions, existing agreements, trusts or businesses, access to records, and realistic settlement priorities all matter before the first step.
Avoid hiding assets, emptying joint accounts, removing children, signing informal settlements or changing access without advice.
Contested vs Uncontested
Contested vs Uncontested Divorce
An uncontested divorce requires agreement on all material issues and still needs lawful documents and a court order. A contested divorce involves unresolved issues that require negotiation, evidence, expert input or adjudication. A matter may move between the two routes as agreement develops — we do not describe an uncontested divorce as automatic or promise a fixed timeframe.
Our Process
A Typical Divorce Process
Procedure differs by court and matter.
Consultation & Conflict Check
Confidential consultation and assessment of our ability to act.
Marriage & Objective Review
We review the marriage, jurisdiction and your objectives.
Disclosure
Document and financial disclosure begins.
Summons & Response
Summons and service, or a response to proceedings already served.
Negotiation or Interim Relief
Negotiation, mediation or interim applications where appropriate.
Settlement or Final Order
Settlement or trial preparation, then the final order and implementation.
Matrimonial Property
How the Matrimonial Property System Affects the Divorce
Consequences may differ for marriage in community of property, out of community with accrual, or out of community without accrual, and for recognised customary or Muslim marriages and cross-border situations. Current law includes the Divorce Amendment Act 1 of 2024 concerning Muslim marriages. Your marriage date, documents and applicable law must be reviewed — we do not apply a universal 50/50 assumption.
Assets, Liabilities and Pensions
Financial Disclosure and the Matrimonial Estate
Property, vehicles, investments, businesses, trusts where relevant, debts, tax, policies and retirement interests may all be in scope. Ownership name alone may not determine the final legal position, and valuation or forensic accounting may be required.
Children and Parenting
Parenting Arrangements During
and After Divorce
Care, contact, guardianship, maintenance, schooling, holidays, healthcare, travel and communication may all need to be addressed. The child's best interests are paramount, and children should be heard through an age-appropriate lawful process — not placed between parents.
During Your Divorce
Maintenance, Settlement and Mediation
Maintenance
Child and Spousal Maintenance in Divorce
Child support is assessed using needs and parental means. Spousal maintenance is not automatic and depends on the legal and factual circumstances of the marriage and divorce.
Settlement and Mediation
Settlement Where It Is Safe and Appropriate
Settlement can reduce time, cost and conflict, but requires informed disclosure and workable terms. Mediation is not appropriate in every matter, especially where safety, coercion or severe information imbalance makes participation unsafe or unfair.
Before Your Consultation
Urgent Issues and Documents to Prepare
Interim and Urgent Issues
Issues That May Need Attention Before Final Divorce
Interim maintenance, contribution to costs, care and contact, preservation of assets or protection from abuse may all need early attention. The correct procedure and urgency test are matter-specific.
Preparing for a Consultation
Documents for a Divorce Consultation
Costs and Duration
What Affects Cost and Duration
Agreement, disclosure, court availability, expert work and conduct all affect cost and duration — we provide no universal estimate before assessment. A costs order does not always reimburse actual legal spend.
Why Sarah Alison Attorneys
Discreet, Child-Centred Divorce Advice
Discreet Consultation
A confidential setting for sensitive personal and financial matters.
Clear Issue Mapping
Plain-language explanation of the issues and options in your matter.
Child-Centred Planning
Parenting proposals built around the child's best interests.
Financial-Document Discipline
Proportionate settlement or litigation strategy grounded in the facts.
Related Family Law Services
Explore Related Family Law Services
FAQ
Divorce Questions
Do both spouses need to agree to divorce?
No. One spouse can institute divorce proceedings; agreement affects whether the matter is contested or uncontested, not whether it can proceed.
What makes a divorce uncontested?
Agreement on all material issues, recorded in lawful documents and confirmed by a court order.
How is property divided?
This depends on the matrimonial-property system, the marriage documents and current law — there is no universal split.
What happens to pension interests?
Retirement interests may form part of the matrimonial estate depending on the marriage regime and order — this requires specific review.
Who decides where children live?
Care and contact arrangements are assessed on the child's best interests, not a default rule for either parent.
Can one attorney represent both spouses?
Not automatically; conflicts and informed scope must be assessed first.
Can we use mediation?
Often, where safe and suitable for both parties; it is not appropriate in every matter.
How long will divorce take?
No universal duration; agreement, disclosure, court availability and complexity all affect timing.
What if my spouse hides assets?
Disclosure obligations and available remedies depend on the facts — raise this with us promptly rather than acting alone.
What if there is domestic violence?
Safety comes first — see our protection order guidance or contact SAPS in an emergency.
Get in Touch
Request a Confidential Divorce Consultation
Tell us your safe contact method, marriage type/date, children, current proceedings and any known deadline. Submitting this form does not create an attorney-client relationship.