Divorce Law

We handle all divorces — but we actively encourage uncontested divorce wherever possible. It is faster, considerably cheaper, and far less stressful. When both parties can agree, the law rewards that. When they can't, we are fully equipped for contested proceedings.

Uncontested vs Contested Divorce

The single most important decision at the start of a divorce is whether it can be dealt with on an uncontested basis. The difference in cost, time, and emotional toll is significant.

Uncontested Divorce

Months Typical timeline
  • Both parties agree on all terms — assets, maintenance, children
  • Fixed legal fee available — you know the cost upfront
  • Minimal court appearances — usually a single short hearing
  • Less confrontational, less emotionally damaging
  • Faster finalisation — typically 3 to 6 months from issue of summons
  • Lower attorney fees due to reduced time and complexity
  • Settlement agreement drafted and incorporated into the order
  • Children's parenting plan agreed and filed with court

Contested Divorce

1 – 4 Years Typical timeline
  • Parties cannot agree on one or more material terms
  • Fixed fee not possible — costs depend on complexity and how long the matter runs
  • Full pleadings, discovery, trial preparation required
  • Multiple court appearances, including interlocutory applications
  • Expert witnesses may be required (actuaries, forensic accountants)
  • High Court or Regional Court proceedings
  • Costs can escalate substantially depending on opposition
  • Requires vigorous, experienced litigation support — which we provide

Fixed Fee for Uncontested Divorces

Because uncontested divorces follow a predictable process, RFH Inc is able to offer a fixed legal fee for the full matter — from initial consultation through to decree of divorce. You know exactly what you're paying before we start. This is only possible with uncontested matters; contested divorces are billed at our standard hourly rate of R2,500/hr due to the unpredictable nature of litigation. Ask about our fixed fee at your consultation.

Get a Fixed Fee Quote

Our Full Scope of Divorce Services

Raymond has personal experience of the divorce process — not just legal knowledge. He understands the financial and emotional stakes, and will advise you honestly on the most practical and cost-effective path forward for your specific situation.

Whether your matter is straightforward or involves complex assets, children's welfare, or an uncooperative spouse, RFH Inc has the experience and the capacity to see it through.

  • Uncontested divorce — settlement agreement drafting and court proceedings
  • Contested divorce — full High Court and Regional Court litigation
  • Division of assets (in and out of community of property, with and without accrual)
  • Spousal maintenance negotiations, agreements, and enforcement
  • Interim maintenance applications — urgent court relief where a spouse requires financial support during the divorce process, before the final order is granted
  • Child custody, primary residency, and contact arrangements
  • Parenting plan drafting and registration
  • Domestic violence and protection orders
  • Post-divorce variations and enforcement of maintenance orders
Book Your Consultation — R750

About Interim Maintenance

Divorce proceedings can take months or years to finalise. If you are financially dependent on your spouse during that period, you do not have to wait for the final order to receive maintenance.

An interim maintenance application can be brought urgently to court, seeking a maintenance order that operates during the divorce proceedings. This can cover living expenses, rental, vehicle payments, and children's costs.

If your spouse has cut off financial support during a divorce, speak to Raymond immediately. Urgent relief is available.

How We Handle Your Divorce

1

Consultation & Honest Assessment

We assess your situation and give you a realistic picture of your options. Our first question is always: can this be dealt with on an uncontested basis? If yes, we explain why that is in your interests and how to achieve it.

2

Attempt Agreement First

Even in difficult relationships, an agreement is often possible with the right facilitation. We engage with the other side — through attorneys or directly — to explore whether a settlement can be reached before proceedings escalate.

3

Uncontested Path or Litigation

If both parties agree, we move swiftly to finalise on an uncontested basis at a fixed fee. If contested, we prepare a thorough, strategically sound case and represent you with full commitment in court.

4

Finalisation & Follow-Through

We don't disappear once the decree is granted. We help you implement orders, advise on maintenance enforcement, and assist with any post-divorce variations as your circumstances change.

Frequently Asked Questions

An uncontested divorce is one where both spouses agree on all terms — the division of assets, maintenance, and arrangements for children. It is faster, significantly cheaper, and can be handled at a fixed legal fee. A contested divorce arises when spouses cannot agree on one or more terms, requiring the court to decide. Contested matters involve full pleadings, possible discovery, and trial, and can take several years to finalise. We always explore whether an uncontested outcome is achievable before proceeding with litigation.

Yes — but only for uncontested divorces. Because the process is predictable and follows defined steps, we can quote you a fixed fee to take the matter from consultation through to decree of divorce. A fixed fee is not possible for contested matters, because the costs depend entirely on how the opposing party responds, how many court appearances are needed, and how complex the dispute becomes. At your initial consultation, if your matter appears suitable for an uncontested approach, we will give you a fixed fee quote.

An uncontested divorce typically takes between 3 and 6 months from the date the summons is issued, depending on the court roll. Contested divorces can take between 1 and 4 years depending on complexity, whether Rule 43 interim applications are brought, and court backlogs. Choosing an uncontested approach — where possible — is the single most effective way to reduce the duration of the process.

A Rule 43 application (or Rule 58 in the Regional Court) is an urgent application brought during divorce proceedings for interim relief — typically maintenance for a spouse and/or children, a contribution towards legal costs, and sometimes interim residency of minor children. It is brought when one party requires financial support during the divorce and cannot wait for the final order. If your spouse has stopped contributing to household expenses or children's costs after separation, an interim maintenance application may be the appropriate urgent step. Raymond can advise you on whether this applies to your situation at your consultation.

This depends on your matrimonial property regime. If married in community of property, the joint estate is divided equally. If married out of community of property with accrual, each party shares in the growth of the other's estate during the marriage. If married out of community of property without accrual, each party retains their own assets. The Divorce Act gives courts discretion to make forfeiture orders in certain circumstances. In an uncontested divorce, how assets are divided is agreed between the parties and recorded in the settlement agreement.

Ready to Speak to Someone Who Understands?

Raymond has personal experience of divorce. He will give you a straight, honest assessment of your options — and tell you upfront whether a fixed-fee uncontested approach is achievable in your situation.