How To Start A Divorce In South Africa
A failed marriage is not something you can simply deal with (and move on from). The reality is that getting divorced in South Africa can be stressful, time-consuming, expensive, and emotionally draining—despite the fact that the law and divorce process seem straightforward.
With counseling, marriages can occasionally be saved, but most of the time, it’s impossible to pick up the pieces and put them back together. Knowing the basics of the divorce procedure and your legal rights is advisable to minimize the effects. A basic manual on divorcing in South Africa has been assembled by us.
South Africa’s Divorce Process – The Process of Divorcing
Divorce is the legal way for a couple to end their marriage and walk away. In accordance with the law, various of marriage in South Africa, and how a couple got married affects the divorce procedure and its outcomes:
African customary marriages, civil unions, and civil unions
Only a South African court has the authority to dissolve civil marriages, civil unions, and traditional weddings. The court will want to confirm that there are no realistic chances of the marriage being saved and that it has irretrievably broken down. If a couple hasn’t lived together for a year, there’s abuse, infidelity, addiction, or a loss of love and affection, this is the situation. Mental illness or extended unconsciousness are other potential causes.
While customary marriages typically have consequences that are determined by the relevant customs, the consequences of civil marriage and civil unions are governed by law also customs. For instance, the lobola may need to be returned to a wife’s family.
How to start a Divorce
A divorce order can only be granted by a High Court or Regional Court. A spouse must serve the other spouse with a summons through the court’s sheriff in order to begin the divorce process. A summons is essentially a legal document that notifies the opposing spouse that a divorce petition has been filed, outlines the reasons for the divorce, outlines the relief sought, outlines any arrangements for custody, maintenance, and property, and informs the opposing spouse of their legal rights and obligations. The divorce summons primarily includes the following:
The wedding’s time and place.
addresses and names of both spouses
Information about any kids causes of the divorce.
The spouse who receives the summons then has 10 days (or 20 if they reside in a different province) to respond and consent to (contested divorce) or defend (uncontested divorce) the divorce
The court may still hear and grant the divorce even if the summons is disregarded. Essentially, it implies that the court will provide a decision on behalf of the spouse who is absent and may grant the divorce under the conditions outlined in the summon
How much does divorce cost in South Africa
Family law attorneys’ fees and costs for divorce. Costs for an uncontested divorce might range from R800 to R20,000. The complexity of the divorce settlement agreement has the biggest impact on price and the difficulties involved in caring for and communicating with any minor children.
How long does it take to get a divorce in South Africa?
In as little as 4 weeks, an uncontested divorce can be legally concluded. The length of a contested divorce can range from two to three years, but most cases are resolved long before a trial.
