While divorce marks the end of a relationship, it also signifies a new beginning. Why prolong the transition with lengthy litigation proceedings and high costs? Contested divorces have an adverse impact on your family, your workplace and your pocket. Being two reasonable adults, you and your spouse ought to be able to dissolve your relationship in a civilised manner.
If you and your spouse are able to reach agreement, you will be able to finalise your divorce inexpensively and expeditiously without an attorney.
The dissolution of South African civil marriages is governed by the Divorce Act, 70 of 1979.
Marriages solemnised in terms of the Recognition of Customary Marriages Act, No. 120 of 1998, may be dissolved in terms of civil law but some of the consequences are determined by custom and tradition. Other religious marriages, such as traditional Muslim or Hindu marriages are dissolved in terms of the rites and rituals of the religion.
Grounds for Divorce in South Africa
In order to obtain a divorce in South Africa, you need to satisfy the court that the marriage has irretrievably broken down.
'Irretrievable breakdown' means that the marital relationship between the parties has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marital relationship between them.
The following reasons may be considered as an indication that the marriage has irretrievably broken down:
- The parties no longer feel any love or affection for each other;
- The parties no longer communicate as husband and wife nor afford each other marital privileges;
- The parties have not shared a common home for a long period;
- A spouse became involved in an extramarital relationship;
- One spouse abandoned the other;
- One spouse abused the other; and/or
- One spouse has been institutionalised for mental illness for at least 2 years.
The Divorce Process
With our professionally drafted documents, and our Step-by-Step Guide, this process helps you to finalise your uncontested divorce at a fraction of the price, without an attorney.
A divorce is instituted by action proceedings, which means that you need to start the process by issuing a summons. Our online interview addresses the requirements for the summons in further detail.
An uncontested divorce requires the summons to be accompanied by a Consent Paper (Settlement Agreement), which will be prepared by our website. The agreement deals with the settlement terms agreed to between you and your spouse.
Once the Registrar of the court issues the summons, it needs to be served on your spouse personally, by the Sheriff.
Should minor children be born of the marriage, the papers will also need to be served on the Family Advocate for endorsement.
The matter is then set down for hearing. The Plaintiff is required to attend the hearing in an uncontested divorce, and the Magistrate or Judge will ask certain questions to confirm the information in the summons.
Once the court is satisfied, an order will be granted incorporating the terms of the Consent Paper.
Answer the following questions to see whether you will be able to attend to your own divorce. If not, we will be happy to refer you to one of our attorneys for further assistance.
