The length of a divorce in South Africa depends almost entirely on whether the matter is contested. Some divorces are finalised in a matter of weeks, while others can drag on for several years. There is no fixed statutory timeline, and the Divorce Act 70 of 1979 sets out the procedure rather than a strict timetable.
As a general guide, an uncontested divorce can be finalised roughly 4 to 8 weeks after the matter is set down on the unopposed roll, while a contested divorce commonly takes 1 to 3 years, sometimes longer. These ranges are typical, not guaranteed, and they depend on the facts of each matter, the court’s roll, and how co-operatively the parties approach the issues.
This article explains the realistic timelines, what drives the duration of a divorce, and the procedural steps that take up the time.
Uncontested vs contested divorce timelines
The single biggest factor in how long a divorce takes is whether the spouses agree. Where they agree on the division of assets, maintenance, and the care of any children, the matter proceeds on the unopposed roll and is usually quick. Where they do not, the matter is contested and the court must resolve each dispute.
The table below sets out typical ranges. These are indicative only and not a guarantee of any outcome.
| Step / type | Uncontested (typical) | Contested (typical) |
| Summons issued and served | 1 to 3 weeks | 1 to 4 weeks |
| Pleadings (particulars, plea, counterclaim) | Not applicable | 2 to 6 months |
| Discovery and financial disclosure | Minimal | 3 to 9 months |
| Pre-trial conference and set-down | 2 to 6 weeks | 3 to 12 months |
| Finalisation from date of issue | 4 to 8 weeks | 1 to 3+ years |
What drives the duration of a divorce
A number of factors influence how long a divorce will take. The most common drivers of delay are listed below.
- Agreement between the spouses. Where the parties agree on all issues and sign a settlement agreement, the matter proceeds on the unopposed roll and is usually finalised in weeks rather than months.
- Children and parenting arrangements. Where there are minor children, the court must satisfy itself that the care, contact, and maintenance arrangements are in the best interests of the child. This can require a Family Advocate enquiry or a parenting plan.
- Complex financial matters. Disputes over businesses, trusts, pensions, investments, or offshore assets usually require valuation and full disclosure, which adds months to a contested matter.
- Court rolls and backlogs. The High Court and Regional Court rolls in Johannesburg and Pretoria are busy. A trial date is often allocated months in advance.
- Service problems. If the sheriff cannot serve the summons on the other spouse, substituted service must be arranged, which adds time.
- Co-operation of the other party. Deliberate delay tactics by a spouse, such as repeated requests for further particulars, can extend a contested matter considerably.
The procedural steps and where the time goes
Issuing and serving the summons
A divorce begins when one spouse (the plaintiff) issues a combined summons in either the High Court or the Regional Court. The summons is served by the sheriff on the other spouse (the defendant), who then has 10 court days to defend or to consent to the divorce. This stage typically takes 1 to 4 weeks depending on service.
Pleadings
If the defendant defends, the parties exchange pleadings: a plea, a counterclaim, and a reply. Each pleading has its own time period, and requests for further particulars are common. Pleadings in a contested matter typically take 2 to 6 months to close.
Discovery
Each party must disclose all relevant documents, including bank statements, title deeds, share certificates, and pension fund information. Where one party fails to make full discovery, the other must compel disclosure by application. Discovery commonly takes 3 to 9 months in a contested matter.
Pre-trial conference and trial
Once discovery closes, the matter is set down for a pre-trial conference at which the issues are narrowed and a trial date is allocated. The trial itself may run over several days, and judgment may be reserved. This stage often takes 6 months to over a year.
Settlement at any stage
A matter can settle at any point. Many contested divorces settle on the steps of the court, or at mediation, before trial. Once a settlement agreement is signed, the matter can proceed on the unopposed roll and be finalised within a few weeks.
How to keep your divorce as short as possible
While no lawyer can guarantee a timeline, the steps below usually shorten the process.
- Prepare your financial documents early, including bank statements, payslips, and pension fund details.
- Consider mediation to resolve the issues you and your spouse can agree on.
- Keep the children out of the dispute and agree a parenting plan where possible.
- Respond to your attorney’s requests for information promptly.
- Avoid using the litigation to punish the other party. Disputes driven by emotion tend to take the longest.
How Otrebski Attorneys can help
Otrebski Attorneys is a 100% women-led firm based in Sandton, with a dedicated Family Law department. We are a Level 4 B-BBEE contributor and we hold a 5-star Google rating across 12 reviews. Our director, Nastasja Otrebski, personally oversees the Family Law files.
We assist with both uncontested and contested divorces. In an uncontested matter we focus on drafting a clear, enforceable settlement agreement and getting the matter set down quickly. In a contested matter we focus on narrowing the issues, managing discovery efficiently, and resolving as much as possible without a trial.
Frequently asked questions
How long does an uncontested divorce take in South Africa?
An uncontested divorce in South Africa is typically finalised in about 4 to 8 weeks from the date the matter is set down on the unopposed roll. Where the court roll is quiet and the papers are in order, it can be faster. These ranges are typical and not guaranteed.
How long does a contested divorce take in South Africa?
A contested divorce commonly takes 1 to 3 years, and sometimes longer. The duration depends on the number of issues in dispute, the complexity of the financial matters, the co-operation of the parties, and the availability of trial dates on the court roll.
Can a divorce be finalised without going to court?
No. A divorce order must be granted by a court. In an uncontested matter, however, the appearance is short and the plaintiff usually attends court alone with the attorney. There is no full trial.
Does having children make the divorce take longer?
It can. Where there are minor children, the court must satisfy itself that the care, contact, and maintenance arrangements are in the best interests of the child. This can involve a Family Advocate enquiry or a parenting plan, which adds time to the process.
What is the quickest a divorce can be finalised in South Africa?
In rare cases an uncontested divorce can be finalised in as little as 2 to 3 weeks after the summons is served, where the defendant consents and the court has an available date. More typically, even an agreed divorce takes 4 to 8 weeks to set down and finalise.
Can a spouse delay the divorce deliberately?
Yes. A spouse can delay a contested matter by raising procedural disputes, withholding discovery, or refusing to engage. The court has remedies, including cost orders and penalties, but deliberate delay remains a common feature of contested divorces.
Get help with your divorce. Whether your matter is likely to be uncontested or already contested, Otrebski Attorneys’ Family Law team in Sandton can assist. As a 100% women-led firm with a 5-star Google rating across 12 reviews and a Level 4 B-BBEE rating, we focus on resolving divorces efficiently and protecting our clients’ interests at every stage.
Disclaimer. This article provides general information about divorce timelines in South Africa. It is not legal advice and does not create an attorney-client relationship. The relevant law is set out in the Divorce Act 70 of 1979 and the rules of court, both of which may be amended. The timelines given are typical ranges and are not a guarantee of how long any particular matter will take. Confirm the current position with a qualified family attorney before relying on anything in this article.