Procedures to Divorce Without a Lawyer in South Africa
How do I get a divorce in South Africa?
You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court.
What is the divorce rate in South Africa?
Between the years 2012 and 2016, the “divorce rate in South Africa” increased by 5%, while marriage rates dropped. This is because of an increase in couples choosing to live together but stopping short of marriage.
Can you get divorced without a lawyer in South Africa?
Yes. This is very possible, divorce is possible without an attorney. In what’s informally known as a DIY divorce, you can get the required forms from your local magistrate’s court or use an online divorce service. This process is for simple and uncontested cases.
How much does it cost to file for divorce in South Africa?
Divorce and Family Lawyers Fees and Costs. An uncontested divorce can cost anything between R800 and R20 000. The cost mostly depends on the complexity of the divorce settlement agreement and the complexity surrounding the care and contact of any minor children.
How to get a divorce in South Africa?
Marriages in South Africa must be dissolved by a court. You’ll need to prove that you and your spouse can no longer live together and won’t be able to resolve your differences.
The following legally acceptable reasons for ending your marriage are as follows:
- Adultery
- Abuse
- You haven’t lived together for a long time/one partner has left the other
- The couple no longer love each other
- One partner has been institutionalized for mental illness for at least two years without sign of recovery
What will you need to get a divorce in South Africa?
In Order to be granted a divorce, you must prove that you’ve found a solution to the following issues:
- Who gets custody of the children. Access arrangements must be agreed before the divorce can proceed. The court can restrict access to either party if it believes seeing a parent isn’t in the best interests of the child.
- How essential maintenance payments will be made. The court will issue an order confirming who pays what. If the two parties can’t agree on payments, then the court will rule on their behalf.
- How property and other assets will be divided. Generally, assets and debts are shared when you get divorced, unless a premarital contract was agreed. This isn’t always the case, however; rules change over time and the legal situation when you got married governs the division of assets.
Once you provide your divorce summons, your spouse has 10 days (or 20 if they’re in a different province) to respond. Also, when applying for a divorce, you’ll need:
- Details of your marriage, including the date and location of the marriage
- Your names and address details
- Details of any children
- Grounds for divorce.
Is there a free divorce in South Africa?
Yes. In South Africa, a free divorce can take anywhere from a few weeks to a few months, depending on the complexity of the case and the cooperation of both parties. If both parties are in agreement and there are no children or financial issues to resolve, the process can be relatively quick and painless.
