How to get a divorce in South Africa

Getting a divorce in South Africa

The divorce process in South Africa can be a straightforward procedure or a very long-winded one. It is always advisable to equip yourself with as much knowledge as you can.  

A Marriage in South Africa must be dissolved in a court. You will need to state that you and your spouse can no longer live together and won’t be able to resolve your differences. 
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Reasons for ending your marriage:

• Any Abuse in your relationship
• Adultery
• When a spouse has left or you have not lived together in a long time
• When you no longer love each other

What do I need to get a divorce?

You and your spouse will need to discuss a few aspects around the divorce. If this is not an option, you would need to ask your lawyers to mediate. 
Before a divorce can be granted, you will need to show or prove that you have solutions for the following matters:

1. Custody of the children. Who will have custody of your children? Arrangements will need to be in place for access to the children before the court can make a ruling. The court can restrict access to either party if it believes seeing a parent isn’t in the best interests of the child.

2. Maintenance Payments that will be made and how many 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.

3. Property and asset division. Normally the assets and debts are shared during a divorce, depending on your antenuptial contract. 

Once your divorce summons is sent, your spouse has 10 days (or 20 if they’re in a different province) to respond. When applying for a divorce, you’ll need the following documents:
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• Details of your marriage, including the date and location of the marriage
• ​Marriage certificates
• Your names and address details
• Details of any children
• Grounds for divorce

Please feel free to give us a call for a divorce consultation.
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Timothy van Rooyen
7 Bird Street, Central, Gqeberha
Phone: 041-0040086 / 0817874404
E Mail: [email protected]

How do I apply for a copy of my divorce decree?