The difference really comes down to whether you and your spouse agree on the terms of your divorce. If you are on the some page and decide upfront on important things (like where the children will live, and how to split your assets) it's an uncontested or unopposed divorce. Once a settlement agreement is signed, the court process is fairly straightforward and often finalised within a few weeks. But, if you disagree on any of those points, the divorce becomes contested or opposed and the matter will need to go before a judge to decide what's fair.

The timeline really depends on how much you and your spouse are able to agree on. An unopposed divorce can often be finalised within a few weeks once everything is signed and submitted to court. On the other hand, an opposed divorce, can take months (sometimes even years) depending on the issues in dispute and how willing both partners are to cooperate. No matter what your situation is like, we'll do all we can to help you find common ground and avoid unnecessary delays so the process doesn't drag on longer than it needs to.

You can still get divorced, even if your spouse refuses. South African law doesn't require both parties to agree - you just need to show that the marriage has broken down and there's no real chance of fixing things between you. If your spouse won't communicate, ignores correspondence or delays the process, we'll reach out to them (or their lawyer) to encourage a fair settlement - because it's almost always in both partners' best interest to resolve things rationally and quickly. If they won't cooperate, the divorce can move forward opposed. It may take longer, but we'll make sure your rights are protected.

When kids are involved, we always try to keep discussions focused on what's best for them. We'll help you and your spouse talk through where the children will live, how time will be shared, how school or medical decisions will be made,  and what daily routines will look like in two homes. If you're on the same page, we'll create a parenting plan that reflects your children's needs and your family's new reality. The parenting plan will still have to be endorsed by the Family Advocate, so it has legal weight.

No, your policy only covers you as the main policyholder. But, if you and your spouse approach us together, we can still guide your settlement discussions and draft the agreement without the need for separate lawyers. Many couples prefer this because it avoids unnecessary legal costs. If you can't reach an agreement, your spouse would need to appoint their own lawyer.