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  • iLawyer

    [THE ONLINE DOCUMENT BUILDER]

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Generate your own legal
Divorce Settlement Agreement
form online now and get the document needed for an unopposed divorce.

40 Minutes to complete      Pay R799 online      Customised legal document emailed to you.

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Frequently Asked Questions

What is a Divorce Settlement Agreement?

A Divorce Settlement Agreement is a contract that both spouses sign.  It sets out the terms of their divorce.  A Divorce Settlement Agreement must deal with various issues relating to the parties assets, liabilities (debts), maintenance, children, etc.

A Divorce Settlement Agreement is necessary for any divorce that is to be completed on an unopposed basis.

A Divorce Settlement Agreement, on its own, does not mean you are divorced; in order to get divorced a Court of Law must hear a Divorce Application; make the Divorce Settlement Agreement an order of Court; and, confirm the divorce.

In South Africa, there are 2 Courts that can hear Divorce cases:

  • The High Court of South Africa – You need an attorney to run a matter in the High Courts; this is generally the most convenient way to complete a divorce but also the most expensive.
  • The Regional Magistrates’ Court – The Parties can go to these Courts without an attorney; these Courts still have Rules that must be followed carefully by the Parties.  The Parties will do all the work in these Courts themselves; it is less convenient than the High Courts and the Parties will spend a lot more time trying to complete the Divorce process on their own, however, the cost is lower as a result.

Regardless of which Court is used by the Parties, they will need a Divorce Settlement Agreement if they intend to proceed on an unopposed basis and save money.

    Do I need to know where my spouse is?

    Yes.

    South Africa Law requires that both parties are aware of the Divorce Application, so you must know where your husband/wife is.

    Also, a Divorce Settlement Agreement must be signed by both parties and the original signed document needs to be part of the Divorce Papers.  The Divorce Papers need to be served on the other party.

    There are options available if you don’t know where you spouse is but they are complicated and often expensive.  You can contact us at support@ilawyer.co.za and we will refer you to a Law Firm to explain to process and the cost. 

      Do I need a Divorce Settlement Agreement?

      If you want to get divorced, you should try to complete a Divorce Settlement Agreement with your spouse.

      If you want to get an unopposed divorce you absolutely must have a Divorce Settlement Agreement.

      Without a Divorce Settlement Agreement, South African Law requires that the Courts must hear the matter on an opposed basis.

      If you want to save money you need a Divorce Settlement Agreement.

      How do I get a Divorce Settlement Agreement document?

      You can make a Divorce Settlement Agreement document with iLawyer right now.

      Click the CREATE DOCUMENT NOW button at the top of this page to start building your quality personalised Divorce Settlement Agreement Form.

      Then, complete our Online Questionnaire, make payment, and your customised Divorce Settlement Agreement will be emailed to you within 30 minutes.

      What about Divorce Mediation?

      Neither Divorce Mediation nor attorneys are necessary if the Parties can discuss and agree on the terms of their divorce together.  In any event, the goal of Divorce Mediation is to ultimately complete and sign a Divorce Settlement Agreement.

      The Divorce Settlement Agreement from iLawyer is the best choice for people that want to get divorced and save time, money and frustration.

      Can I do my divorce without an attorney?

      Yes, you can use the Regional Magistrates’ Courts to complete a divorce without an attorney.  In addition to purchasing your Divorce Settlement Agreement from iLawyer and you also purchase instructions from us that will guide you through the Regional Magistrates Court divorce process.

      You will have the option to purchase the Regional Magistrates’ Court Divorce Instructions at the end of the Divorce Settlement Agreement questionnaire.

      Must I do my divorce without an attorney, if I make a Divorce Settlement Agreement with iLawyer?

      No.

      You can still use an attorney to complete the divorce process if you prefer.  iLawyer has a panel of attorneys that will process a divorce in the High Court for a set fee.  You will have the option to pay for an Attorney Assisted Divorce at the end of the Divorce Settlement Agreement questionnaire.

      In addition to the Divorce Settlement Agreement, the cost of the Attorney Assisted Divorce is an additional R4,500.  This does not include disbursements such as the Sheriff’s costs (around R250) and the Advocate’s fees (around R1,500) for the day of the hearing in Court.  This is still the more convenient and affordable Attorney Assisted Divorce option available in South Africa.

      Is a "Divorce Settlement Agreement" the same as "Divorce Papers"?

      A Divorce Settlement Agreement is part of the Divorce Papers; Divorce Papers include the Summons, Particulars of Claim, Divorce Settlement Agreement and all supporting documentation that the Courts need to confirm a divorce.

      Is iLawyer's Divorce Settlement Agreement legally binding?

      Yes, absolutely.

      Just remember you are not divorced until a Court confirms the Divorce, which means formal legal proceedings (a Divorce Application) must also happen.  Therefore, a signed Divorce Settlement Agreement is the first step in getting divorced.

      Can a Divorce Settlement Agreement Form be signed electronically?

      No, unfortunately.

      South Africa Courts require that the original signed Divorce Settlement Agreement is part of the Divorce Paper when the application for Divorce is made.

       

      ANY QUESTIONS?  GET IN TOUCH.

       

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