Divorce in South Africa – Your Greatest Possibilities

Most South Africans divorce within just the initial five to 9 a long time of marriage and most of individuals are initiated by women of all ages.

The most frequent purpose sited for divorce in South Africa is simply that the couples drift aside, followed carefully by drug and alcoholic beverages abuse (cocaine use staying widespread), actual physical abuse and unemployment.

More recently, studies show that economic issues are coming to the fore in most divorce instances filed for the latter half of 2007 early 2008 whilst infidelity and deficiency of conversation are cited a lot less.

Dissolving Marriages

As in most nations, married couples can dissolve their relationship via divorce leaving the get-togethers to remarry lawfully once again at a afterwards date. The process is dependent on the standing of the marriage. In South Africa that is ordinarily a civil marriage – in local community of assets or out of group of house. Some South African marriages are also customary marriages.

A civil relationship can be dissolved according to the Divorce Act. Customary marriages are dissolved in accordance to civil regulation but also according to custom made and tradition.

Addressing the Concerns

Prior to petitioning for divorce, seem closely at your possibilities:

*Can you reconcile?

*Do you will need a law firm?

*Can you concur an asset break up?

*Servicing and custody of the kids?

*What about alimony?

*What are the charges?


Most very good attorneys will advise the petitioner to look for counselling and take a look at reconciliation prior to submitting for divorce as the treatments can be prolonged and highly-priced if both equally events are not in agreement.

There are several avenues to stick to in regard to reconciliation. FAMSA present an outstanding counselling and arbitration provider to couples experiencing divorce.

Picking out a law firm

A petitioner requires to question 1st and foremost if a law firm is needed? If a pair is in agreement with regards to proceeding with a divorce then the petitioner can file for divorce at the nearby courtroom for a charge of R120, a copy of your relationship certificate, a copy of your ID and your concluded divorce papers.

If a couple are unable to concur on the issues of the divorce then it is highly recommended to find lawful direction but bear in brain that just about every divorce circumstance is diverse. Concern your legal professional on their specialisations, their approach to divorce – is it tactical or aggressive? Most importantly, request them to define their payment composition in complete upfront.

Can you agree?

If the few can agree on asset break up, maintenance and custody of minors then submitting at the neighborhood court is the most straightforward option. Typically a 50:50 break up is awarded by the court anyway so fighting up entrance only costs you income. Sit down and be functional. You both have to begin above and what you get rid of in lawful service fees could be put to far better use.

If you can agree, draw up the settlement and each indication it and have it witnessed and connect it to your divorce petition. (Agreement)

Custody of the slight small children

Custody ought to be agreed ahead of a courtroom will grant a divorce. Contemplate what is greatest for your youngsters rationally. In most circumstances the female is commonly granted custody however it is not unheard of for a couple to concur that custody be granted to the father. In African Customary Regulation the father typically stays the childrens organic guardian.

Irrespective of custody, maintenance and visitation is essential to be agreed on and where a couple simply cannot or will not concur the courtroom will make your mind up bearing in brain that all mothers and fathers have a responsibility to support their small children like all illegitimate children.

Upkeep concerns can be tackled to the Upkeep courtroom after the divorce is finalised.


It is rare in South Africa that Alimony is awarded unless of course the spouse can show that they are incapable of earning a dwelling as they have been a dwelling-spouse/guardian considering the fact that the inception of the marriage and have no noticeable indicates of aid.

Alimony is ordinarily agreed by the couple for a established period of time and taken into account with the settlement arrangement.

The prices

Having divorced can be quite expensive. It is a good idea to petition for divorce you by using the local magistrates court docket to keep costs at a minimum amount. Agreeing the settlement, custody and maintenance upfront is the very best remedy in South Africa as it negates the require for an lawyer and authorized expenses.

Figures unveiled a short while ago showed that the divorce level final year was the lowest nonetheless, and analysts say financial uncertainty has produced unhappily married partners hesitant to portion methods. Couple couples divorce in the course of hard economic occasions for the reason that attorneys charges are just also expensive, generally resulting in even further economic challenges for the few as they enter their new lives.

Most effective Options

Go to your community magistrates courtroom and talk to for their support. It is sensible and just as economical.