If you live in Centurion, Irene, Midstream or Pretoria East and you have decided the marriage is over, the first useful question is not “how fast can we finish?” It is this: do you already agree on everything that a court must order?
That single answer is the difference between an uncontested divorce and a contested one. The legal test is the same either way. Under the Divorce Act 70 of 1979, the court must be satisfied that the marriage has broken down irretrievably. What changes is the path — documents, delay, cost, and how much of your life is spent in a dispute.
This article is general information for people in Pretoria and Johannesburg North. It is not legal advice. Bring your marriage certificate, antenuptial contract (if you have one), and a clear picture of the children and the house to a consultation.
What “uncontested” actually means
An uncontested divorce is not a cheaper stamp on the same fight. It means both spouses agree, in writing, on every consequence of the divorce:
- that the marriage should be dissolved;
- care and contact in respect of any minor children (a parenting plan, in practice);
- maintenance for children, and spousal maintenance if it applies;
- how the house, cars, pension interests and debts will be dealt with;
- who pays the costs of the divorce.
Those terms are captured in a settlement agreement. The plaintiff still issues a summons. If the defendant does not defend, and the settlement is in order, the matter can be enrolled on the unopposed roll in the Regional Court or the High Court (Gauteng Division, Pretoria seat for most Centurion-based matters).
Where both parties are organised and the papers are clean, uncontested divorces in Pretoria often finalise in a matter of weeks to a few months. Court rolls move. Your attorney does not control the enrolment date.
A template downloaded online is not a settlement. If it contradicts your antenuptial contract, ignores a pension, or is vague about the children, you have not saved money. You have postponed a problem until it is more expensive.
When a divorce is contested
A divorce is contested the moment one spouse defends, or the moment you discover you do not in fact agree. Typical flashpoints for families in Irene, Midstream and Pretoria East:
- who remains in the family home, and on what terms;
- whether the joint estate (or a claim under the accrual system) has been properly valued;
- care, contact and a workable week for school-going children;
- Rule 43 / Rule 58 interim maintenance while the case runs.
Contested matters take months, sometimes longer, depending on the issues and the Pretoria court diary. They also allow for interim relief so that children and household bills are not left in limbo. That is not “being difficult”. It is using the process the rules provide.
How long does a divorce take in South Africa?
There is no honest single number.
- Uncontested, papers in order: often several weeks to a few months after issue, subject to the court.
- Contested: from several months to more than a year if valuations, children’s issues or pension interests are in dispute.
Anyone advertising a guaranteed two-week divorce is selling a hope, not a court date.
What it costs — and what drives the fee
Uncontested work is usually a defined-scope fee because the attorney is drafting, issuing and appearing, not running a trial. Public ranges you will see online for uncontested divorces in South Africa often sit around **R5,000–R15,000**, and contested work is open-ended because it is hourly or staged. Treat those figures as market context, not a quote. Complexity, the need for a pension interest endorsement, and whether you already agree on the children will move the number.
At Boshoff & Smith we would rather quote after we have seen the marriage contract and the asset picture than invent a headline fee.
Where Pretoria matters are issued
Divorce is not issued in the ordinary Magistrate’s Court as a small civil claim. Depending on the facts, the matter proceeds in the **Regional Court** or the **High Court** (Gauteng Division, Pretoria). Maintenance, protection orders and some children’s-court work sit in different forums. Issuing in the wrong place wastes months. A Centurion- or Irene-based attorney who actually practises in the Pretoria cluster is not a vanity choice; it is logistics.
When to instruct an attorney (even if you “agree”)
Speak to an attorney before you sign if any of these are true:
- you were married in community of property, or with accrual, and there is a house or a retirement fund;
- there are minor children;
- one of you has already moved out and maintenance has not been arranged;
- you have been handed a settlement “just to make it quick”.
How we work
Jana Boshoff and Esmé Smith both practise family law from the Irene office at Southdowns Ridge Office Park. Consultations are confidential. We draft settlement agreements and parenting plans that a Pretoria court can grant, and we litigate when agreement is not possible.
Book a consultation: +27 12 003 3300 · WhatsApp +27 60 991 9520 or +27 76 531 4065 · info@boshoffsmith.co.za
This article is for general information and does not create an attorney-and-client relationship. South African divorce law depends on your marriage contract, your children and your facts.
