How Do I Get a Divorce in South Africa?
What is divorce?
Divorce is the legal termination of a marital relationship between a husband and wife of two people by a court of law or other competent body.
What are the types of divorce in South Africa?
There are two types of divorces:
1. Contested divorce
2. Uncontested divorce
What is the main causes of divorce?
There are four most common causes of divorce:
1. Conflict, arguing or irretrievable breakdown in the relationship
2. Lack of commitment
3. Infidelity/ extramarital affairs
4. Lack of physical intimacy/ distance in the relationship
What are the effects of divorce on children?
1. Poor Performance in Academics
2. Loss of Interest in Social Activity
3. Having Difficulties Adapting to Change
4. Emotionally Sensitive
5. Anger/Irritability
6. Feelings of Guilt
How do I get a divorce in South Africa?
You can be granted a divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court.
What documents are needed for divorce in South Africa?
1. South African identity documents
2. Proof of Your Residential Address
3. Marriage Certificate
How long does a divorce process take in South Africa?
Uncontested divorces can be completed in as little as four weeks. If the divorce is contested, it could take 2 to 3 years.
Can I divorce without informing my spouse?
You can divorce without your spouse’s consent using a procedure known as substituted service. Substituted service is allowed when the defendant’s exact whereabouts are unknown.
Can a divorce be denied in South Africa?
According to section 4(3) of the Divorce Act, the Court has the power to refuse to grant a divorce order if the Court believes that the parties can be reconciled by marriage counselling, treatment, or reflection.
How long after divorce can you remarry in South Africa?
There is no known time limit for divorced people to remarry.
