How To File For Divorce In South Africa
The divorce procedure in South Africa can be either a short and simple process or a highly drawn-out one. Learn the fundamentals of South African divorce law, such as the distinctions between uncontested and contested divorces and how mediation functions. Learn the fundamentals of the divorce process here, whether you’re hoping for a quick DIY divorce or are dealing with a contentious divorce that requires mediation.
The Rate Of Divorce In South Africa
South Africa saw a 5% increase in divorce rates between 2012 and 2016, while marriage rates fell. This is a result of more couples preferring to cohabitate rather than get married.
South African Divorce Procedures
A court must dissolve marriages in South Africa. You’ll need to provide evidence that you and your husband can no longer coexist and aren’t going to be able to work things out.
The following are valid grounds to dissolve your marriage legally:
- Adultery
- Abuse
- The couple no longer loves one another.
- You haven’t lived together for a long time/one partner has left the other.
- One partner has been hospitalized for mental illness for at least two years with no signs of improvement.
What Is Required In South Africa To Obtain A Divorce?
You must demonstrate that you’ve resolved the following difficulties before getting a divorce:
- Who is awarded child custody. Before the divorce can be finalized, access arrangements must be agreed upon. If the court determines that a parent’s visitation is not in the child’s best interests, it may limit access to either party.
- The procedure for paying any maintenance fees.
- The judge will make a ruling stating who is responsible for what. If the parties are unable to reach an agreement regarding payments, the court will make the decision.
- How assets like property will be split. In most cases, unless a prior agreement was reached, assets and debts are divided when a couple gets divorced.
Your spouse gets 10 days (or 20 if they’re in a different province) to reply once you serve them with the divorce summons. To file for divorce, you will require:
- Information about your marriage, such as the time and place of the wedding
- Your names and contact information
- Information about any kids
- Reasons for divorcing
Self-made Divorces and Online Divorce Applications In South Africa
Without a lawyer, divorce is feasible in straightforward situations. You can obtain the necessary forms from your local magistrate’s court or use an online divorce provider in what is known as a “DIY divorce.”
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This method is used in straightforward, uncontested cases. These situations include when a couple has only recently gotten married or when there aren’t any conflicts. A divorce of this nature can be finalized in four to six weeks.
Divorces By Default In South Africa
A default divorce occurs when one partner serves the other with a summons and they fail to answer.
Although default divorces do occur, it may be preferable to inquire as to why your spouse hasn’t replied. If they assert that the documents weren’t delivered correctly or have a good reason for not responding, they can later try to stall the procedure.
