An uncontested divorce in South Africa costs anywhere from R1 250 to R25 000 in 2026, and the legal outcome is identical. The same decree, from the same court. A contested divorce starts around R20 000 and routinely exceeds R150 000. What determines the bill is not the law. It is which route you take, and how much the two of you fight.
Quick facts
| Item | 2026 amount | Set by |
|---|---|---|
| DIY online divorce service | From about R1 250, plus sheriff’s fees | Market |
| Sheriff’s fee for service | Around R150 to R800 | Sheriff’s tariff |
| Uncontested, flat fee attorney | R6 500 to R25 000 | Market |
| Uncontested, typical | R7 500 to R15 000 excluding VAT | Market |
| Contested divorce | R20 000 to R150 000 and up | Market |
| Family law attorney, hourly | R800 to R4 000 | Market |
| Retainer or deposit | R5 000 to R50 000 and up | Market |
| Court appearance | R1 500 to R3 000 each | Market |
| Uncontested timeline | 4 weeks to 4 months | Court |
| Contested timeline | 2 to 3 years | Court |
The same divorce, twenty times the price
This is the fact that should shape every decision you make.
DiyLaw, an online divorce service affiliated with Cawood Attorneys, prepares an uncontested divorce for R1 250, excluding sheriff’s fees of around R150.
Burger Huyser Attorneys states that an uncontested divorce costs R15 000 to R25 000 or more.
Both produce a decree of divorce from the same court. The difference is not legal quality. It is who does the paperwork.
That does not mean the cheap route is right for you. It means you should understand exactly what you are buying before you agree to a retainer.
The four routes
1. Do it yourself, with a document service
From about R1 250, plus sheriff’s fees.
An online service prepares the papers. You lodge them, serve them through the sheriff, and attend court once to have the decree granted.
This works only if the divorce is genuinely uncontested and genuinely simple. No dispute about children, no dispute about assets, no pension interest to divide, no trust, no business. If any of those exist, the money you save on drafting will be lost several times over when the papers are wrong.
2. Flat fee attorney, uncontested
R6 500 to R25 000.
An attorney drafts the summons and the settlement agreement, and takes it through. Many family law firms quote a fixed fee for unopposed divorces precisely because the work is predictable.
The spread across firms is enormous for the same work. JA Attorneys puts the total at R6 500 to R17 500. Arcadia Finance reports R7 500 to R15 000 excluding VAT and disbursements. Burger Huyser says R15 000 to R25 000.
Get three quotes. Ask each for a flat fee, in writing, and ask what is excluded.
3. Hourly attorney, uncontested but complicated
R800 to R4 000 an hour.
Where there are children, a pension interest, a business or property, an attorney will often decline a flat fee, because they cannot predict the work. You pay for every letter, call and revision of the settlement agreement.
4. Contested
R20 000 to R150 000 and up.
Now you are paying for litigation. Attorneys, and usually an advocate. Court appearances at R1 500 to R3 000 each. And experts.
Why contested divorces explode
The attorney’s hourly rate is rarely the biggest number.
Contested matters draw in expert witnesses, each charging hourly and each appearing in open court: forensic accountants to examine the assets, industrial psychologists to assess a spouse’s employability for maintenance purposes, actuaries to calculate maintenance quantum and duration, private investigators, and child care experts to assess where the children should live. Valuations, appraisals and mediation can run R5 000 to R20 000 on their own.
Then there is maintenance pending the divorce, which can run R5 000 to R20 000 a month for the duration.
And here is the part worth sitting with: roughly nine in ten divorce cases settle before or on the day of trial. Frequently hours before. Sometimes during. Which means a great deal of the money spent preparing for a trial is spent preparing for a trial that never happens.
Contested divorce costs are driven by the conduct of the parties, not by the law.
Which court you use changes the price
Divorces were traditionally lodged in the High Court, and High Court litigation is expensive.
Since the Regional Courts Amendment Act came into operation in 2010, the regional divisions of the Magistrates’ Courts can also hear divorce matters. This was done specifically to lower costs and to relieve the pressure on the High Court roll.
Ask your attorney which court they intend to use, and why. A regional court divorce is materially cheaper than a High Court divorce, and for most families there is no reason to be in the High Court at all.
Costs orders in either court are calculated on the tariff scales in the Uniform Rules, not on what your attorney actually charged you. See lawyer fees in South Africa for what that gap looks like.
If your spouse controls the money
This is the most valuable thing on this page, and almost nobody tells you.
If you cannot afford to litigate and your spouse can, you may apply to the court for interim maintenance and a contribution towards your legal costs, under Rule 43 in the High Court or Rule 58 in the Magistrates’ Court.
The application is brought during the divorce, and it exists precisely because one spouse frequently controls the household’s money and the other does not. Attorneys will often set the size of the retainer they ask you for with reference to whether such an application is likely to succeed.
If you are the financially weaker spouse, raise Rule 43 or Rule 58 at your very first consultation. Do not assume you cannot afford a divorce.
What the industry says
| Source | Uncontested | Contested |
|---|---|---|
| DiyLaw | R1 250 plus sheriff’s fees | Not offered |
| Arcadia Finance | R7 500 to R15 000 excluding VAT | Can exceed R150 000. Median around R35 000. |
| JA Attorneys | R6 500 to R17 500 | Not stated |
| Johannesburg Divorce Lawyer | R10 000 to R20 000 | R20 000 to over R100 000 |
| Burger Huyser Attorneys | R15 000 to R25 000. Hourly R1 500 to R3 000. Filing fees R500 to R1 500. | Not stated |
| DivorceLaws | R800 to R20 000. Contested attorneys R500 to R3 000 an hour. | Hundreds of thousands |
| MJM Attorneys | Not stated | Court appearances R1 500 to R3 000 each. Valuations and mediation R5 000 to R20 000. |
| Du Toits Attorneys | Fixed fee for unopposed. Finalised in as little as 4 weeks. | Opposed, 2 to 3 years. |
Estimate range based on published figures from eight named sources across Gauteng and the Western Cape, surveyed July 2026. Divorce fees are market prices set by each firm, not a published tariff. Several of these sources are law firms marketing their own services.
What drives the cost
Whether it is contested. By far the largest factor. Everything else is secondary.
Children. Care, contact and maintenance disputes are the most common reason an uncontested divorce becomes contested.
Assets. A business, a trust, a pension interest or property turns a simple settlement agreement into a negotiation.
The matrimonial property regime. An antenuptial contract with accrual, or out of community of property, simplifies the division. In community of property is usually straightforward. Accrual disputes are not.
Conduct. Two people determined to punish each other will spend more than two people determined to be finished.
How to control what you spend
- Settle what you can before you instruct anyone. Every issue you agree on in advance is an issue you are not paying two attorneys to argue about.
- Ask for a flat fee and get it in writing. If the firm will not quote flat, ask why, and whether the reason is a genuine complication or an unwillingness to commit.
- Get three quotes. The spread for identical uncontested work runs from R6 500 to R25 000.
- Ask which court. Regional court, not High Court, unless there is a real reason.
- Raise Rule 43 or Rule 58 at the first meeting if your spouse controls the money.
- Consider mediation. It is cheaper, faster, confidential, and it keeps the decision with the two of you rather than a judge.
- Remember that nine in ten cases settle anyway. If you are going to settle in two years, settling now costs a great deal less.
Frequently asked questions
How much does a divorce cost in South Africa? An uncontested divorce runs from about R1 250 through a document service, or R6 500 to R25 000 through an attorney. A contested divorce starts around R20 000 and routinely exceeds R150 000.
What is the cheapest way to get divorced in South Africa? A DIY or online divorce service, from around R1 250 plus sheriff’s fees. This only works if the divorce is genuinely uncontested and there are no children, assets, pension interests or businesses in dispute.
How long does an uncontested divorce take? As little as four weeks, and commonly two to four months. A contested divorce typically takes two to three years.
What if I cannot afford a divorce and my spouse can? Apply for interim maintenance and a contribution towards your legal costs under Rule 43 in the High Court, or Rule 58 in the Magistrates’ Court. Raise it at your first consultation.
Do I have to go to the High Court? No. Since 2010 the regional divisions of the Magistrates’ Courts can hear divorces, and it is materially cheaper. Ask your attorney which court they intend to use.
Who pays for the divorce? Generally each party pays their own costs, unless the court orders otherwise. A costs order recovers only party and party costs, calculated on the court tariff, not your attorney’s full bill.
Will we end up in a trial? Probably not. Roughly nine in ten divorce matters settle before or on the day of trial. Much of what is spent preparing for trial is spent on a trial that never takes place.
Methodology
This page contains two different kinds of figure and keeps them separate.
The court rules are statutory. The jurisdiction of the regional divisions of the Magistrates’ Courts over divorce derives from the Regional Courts Amendment Act, in operation since 2010. Rule 43 of the Uniform Rules and Rule 58 of the Magistrates’ Courts Rules govern interim maintenance and contributions towards legal costs. Costs orders are calculated on the tariff scales in the Uniform Rules. Sheriff’s fees are set by a published tariff.
Attorney fees are market prices. No body sets or publishes them as a tariff. The figures above are an estimate range compiled from published statements by named firms and services, surveyed in July 2026, and labelled as estimates throughout. Most of those sources are law firms marketing their own services, and we have said so.
Related
- Lawyer fees in South Africa — hourly rates, court tariffs, and why winning does not make you whole
Disclaimer
Searchis is not a law firm and this is not legal advice. Whether a DIY divorce, a flat fee or full representation is appropriate depends entirely on your circumstances, and choosing wrongly is expensive.
The court rules cited are statutory. The fee figures are an estimate range, not a quotation. Always obtain a written fee agreement before instructing an attorney.
