What Happens After Mediation?

May 28

Why Mediation Makes the Next Steps Easier

By the time mediation is concluded, the parties will generally have:

A signed Divorce Settlement Agreement
A Parenting Plan (if there are minor children)
Any required Form 4 / Family Advocate documentation
A cooperative foundation, which makes the legal process smoother and faster

But mediation itself does not finalize a divorce. South African law requires that all divorces—whether contested or uncontested—be granted by a competent court.

Step-by-Step: What Happens After Mediation in South Africa

Once mediation is complete and all agreements have been drafted and signed, the divorce must still go through a formal legal process. Here’s what happens next:

1. The Settlement Agreement Is Reviewed and Finalised

Even though the agreement has been drafted during mediation, it will generally be:

Reviewed by the attorneys involved
Formally typed, formatted, and prepared in the structure required for court
Double-checked to ensure it complies with the Children’s Act (if relevant) and general divorce law requirements

The final document is then ready to be attached to the divorce summons.

2. A Summons Must Be Issued and Served

South African law requires every divorce—even uncontested divorces—to begin with a summons.

How this works:

An attorney drafts the divorce summons, with the settlement agreement attached as an annexure.
The summons is issued by the court’s Registrar.
The summons must be formally served on the other spouse by the Sheriff of the Court, in person.

Service is a legal requirement, even when the parties are amicable, because the court must be satisfied that the defendant (your spouse) is aware of the proceedings.

Once served:

The sheriff provides a Return of Service, which becomes part of the court file.
The defendant (the spouse being served) usually signs a Notice of Consent to Divorce since the matter is already agreed.

This step allows the divorce to proceed on an uncontested (default) basis.

3. The Parenting Plan Must Be Registered (If Children Are Involved)

When minor children are part of the divorce, the Parenting Plan:

Must be signed by both parents
Must be submitted to and registered with the Office of the Family Advocate
May be endorsed and included in the final divorce order

The Family Advocate ensures that the plan is in the best interests of the children and may issue a Form 4 (Report & Recommendations) where necessary.

Courts will not finalise a divorce involving minor children unless the Parenting Plan is properly completed and all required documents are in order.

4. The Divorce Is Placed on the Court Roll

Once all documents are ready—including:

Settlement Agreement
Parenting Plan
Return of Service
Marriage certificate
Consent to divorce

…the attorney can request a court date.

The matter will then be placed on the court roll as an uncontested divorce.

5. Both Parties Will Be Briefly Required in Court

Many people assume only one spouse needs to attend, but this is incorrect.

In an uncontested, mediated divorce:

Both parties must be present, unless the court grants special permission otherwise.
The appearance is typically brief, often less than 10 minutes.

The court will ask the plaintiff (the spouse bringing the action) a few basic questions, such as:

Whether the marriage has broken down irretrievably
Whether they believe the settlement agreement is fair
Whether both parties freely consented to the agreement
Whether the Parenting Plan supports the best interests of the children

The judge or magistrate may also ask the other spouse to confirm that they agree with the terms.

Because the matter is uncontested and already settled, this part of the process is usually quick and straightforward.

6. The Court Makes the Divorce an Order

Once satisfied that:

The agreement is lawful
The Parenting Plan protects the children
Both parties freely consented
All procedures were followed

…the court grants the divorce.

The Settlement Agreement and Parenting Plan become part of the final divorce order, meaning they are legally binding on both spouses.

You will receive a Final Decree of Divorce, which you may need for:

Changing your surname
Insurance and beneficiary updates
Division of pension interests
Property transfers
Administrative and financial processes

How Long Does This Post-Mediation Process Take?

Once mediation is complete, the legal process typically takes:

6–12 weeks in most South African courts, depending on:
- court availability
- sheriff service times
- minor children’s documentation

Because the matter is uncontested, it moves much faster than a litigated divorce (which can take years).

Why Mediation Makes the Divorce Process Smoother

Mediation is not only emotionally healthier, but it also makes the legal process significantly easier by ensuring:

No need for lengthy court battles
Reduced legal costs
Faster finalisation
Greater clarity on parenting arrangements
Better long-term co-parenting relationships

Since the settlement is already agreed upon, the remaining steps are mainly procedural.

Final Thoughts: Mediation Is the First Step—The Court Provides Legal Finality

A mediated settlement is a powerful tool that puts you in control of the terms of your divorce. But it is the court order that grants the legal finality required to conclude the marriage.

Understanding the steps after mediation—from summons to final decree—helps reduce anxiety and prepares both parties for what to expect.

Graham Wridgway