How To Apply For Divorce In South Africa
You have a right to divorce:
if you are able to convince a judge that you and your spouse are unable to coexist and that there is no hope of you reconciling your differences.
If one partner has a mental illness or is constantly unconscious
You can file for divorce without your spouse’s consent. You can obtain a divorce without your spouse’s consent if they do not want a divorce.
You could have your marriage dissolved under unusual circumstances. In contrast to a divorce, an annulment completely annihilates the marriage and seals it from public record.
Even if you are no longer living with your husband and are not divorced, there is no such thing as legal separation in South Africa. You continue to be legally married, therefore.
Either the High Court or the Regional Court of the Magistrate Court with authority over your area are available to you for a divorce.
You must have a summons delivered in order to begin the divorce procedure. The sheriff of the court must personally serve the defendant with a divorce summons.
Contested and uncontested divorces are the two divorce categories.
For all parties involved, an uncontested divorce is the best and most economical option. Within four weeks, it can be finished. A disputed divorce may take two to three years to complete.
A judge must terminate both a civil marriage and a customary marriage.
Note: An uncontested or unopposed divorce is comparable to a default divorce. When your spouse doesn’t react at all to the divorce, this works.
A summons with a deadline for a response will be sent to your spouse.
If they don’t reply, you can request to have it added to the roll in the High Court.
Your marriage will be dissolved by the court on your behalf.
Do-it-yourself divorce
Divorces that are finalised without legal representation are significantly less expensive. There are two methods for getting a divorce without an attorney:
You can obtain the required paperwork and instructions from your local magistrate’s court on how to complete your divorce on your own without professional assistance.
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Divorcing on your own may be an option if:
Your divorce was uncontested;
Your separation is not difficult;
You’ve only recently started your marriage;
You lack significant assets to divide;
No issues exist involving any children; and/or
You’re willing to manage everything on your own.
What is the price of a divorce in South Africa?
The hourly rates for divorce attorneys in South Africa range from R800 to R4000. Uncontested divorces frequently have fixed fees that range between R10,000 and R20,000. Divorce attorneys are not permitted to take cases on a contingency fee basis.
In South Africa, how quickly may a divorce be obtained?
In as little as 4 weeks, an uncontested divorce can be legally concluded. The length of a contentious divorce can range from two to three years, but most cases are resolved far before a trial.
