rightmidC A Mather Incorporated
South African Divorce Law


Unfortunately divorce does happen. Emotions run high and as we have stated on our FAQ page, it has become an industry for attorneys. Don't let it. Try to sort the issues out before approaching an attorney. We explain the procedure and options on this page. No one wins (except the attorney) no matter what your attorney might tell you.We repeat, leave them out of it, try to behave like sensible people and once you have sorted things out, then get the attorneys involved to get the divorce through.


The procedure in contested matters is as follows:

  • A summons is issued claiming all sorts of things. Mostly unrealistic. (If attorneys are left to their own devices)

  • If maintenance, interim custody or a contribution towards costs is required while the fight continues, something called a rule 43 application is brought.

  • The fight then continues – that's when you both pay. At the end of the fight the attorneys benefit and the children have suffered.


Very few contested matters actually end up with the parties "having their day in court". In other words, they are drawn out and settled just before the court day, eventually costing R6000.00 to R160000.00.


Who wins?