Divorce is a major life change, but it does not have to be chaotic, expensive, or hostile. Where both spouses are able to reach agreement on how they will separate, an Uncontested Divorce offers a calm, practical and efficient way to bring the marriage to an end.
At Barnard Attorneys Inc., we help couples who want to part ways with respect, certainty and legal protection. Our role is to take what you have agreed, turn it into a legally binding arrangement, and guide you through court with as little stress and delay as possible.
What Does “Uncontested Divorce” Mean?
An Uncontested Divorce is when there is nothing for the court to argue about. In other words, you and your spouse already agree on all the important consequences of ending your marriage, including:
Because the court is not asked to resolve disputes, the process is quicker, cheaper and far less emotionally draining than a contested divorce.
An Uncontested Divorce offers clear advantages:
It allows both parties to close one chapter and move forward without unnecessary damage.
We confirm that your matter is suitable for an uncontested divorce and explain the legal steps ahead, so you know exactly what to expect.
We prepare a detailed settlement agreement that records everything you have agreed on — property, maintenance and child‑related arrangements — in a form that is legally enforceable.
We draft the divorce papers, arrange for the Sheriff to serve them, and make sure all procedural requirements are met.
Once everything is in order, we book the matter on the Uncontested Divorce court roll.
One of our attorneys attends court and finalises the divorce. Once the order is granted, your marriage is legally dissolved.
If you have minor children, the law requires that their best interests are protected.
Your agreement will include a parenting plan that deals with:
A divorce can also proceed as an Uncontested Divorce if your spouse simply does not defend it.
If the divorce papers are served and no opposition is filed within the allowed time, the matter can proceed as an Uncontested Divorce and be finalized by the court based on your evidence and any agreement that exists.
We manage the entire process, including time periods, enrolment and court appearance.
We provide a complete service, including:
Clear, Fixed Fees
We believe you should know upfront what your divorce will cost.
Our uncontested divorce service is offered at a fixed, all‑inclusive fee that covers the essential legal steps from start to finish. No surprise invoices. No hidden extras.
At Barnard Attorneys, we understand that ending a marriage can be an emotional and stressful experience. Our role is to make the uncontested divorce process as straightforward, efficient, and cost-effective as possible while protecting your interests.
Clients choose us because we offer:
From your initial consultation to the final Divorce Order, we provide trusted legal support so you can move forward with confidence.
An uncontested divorce is possible when both spouses agree on all aspects of the divorce, including the division of assets, care and contact of children, maintenance (if applicable), and any other relevant issues.
The timeframe depends on the court’s availability and whether all required documents have been correctly prepared. In most cases, uncontested divorces are finalized much faster than opposed divorces.
In many cases, only the Plaintiff is required to appear briefly before the court. We will advise you beforehand if attendance is required and guide you through the process.
Typically, you will need your marriage certificate, identity documents, and a signed settlement agreement. Additional documents may be required depending on your circumstances, especially where children are involved.
Even when both parties agree, the divorce must comply with South African law and be correctly presented to the court. An experienced attorney ensures all documentation is properly drafted, filed, and finalized, helping you avoid unnecessary delays or complications.
