Divorce in South Africa – Your Most effective Choices

Most South Africans divorce in just the very first 5 to nine yrs of marriage and most of individuals are initiated by females.

The most common reason sited for divorce in South Africa is only that the partners drift aside, followed carefully by drug and alcohol abuse (cocaine use becoming widespread), bodily abuse and unemployment.

Additional a short while ago, figures show that financial problems are coming to the fore in most divorce cases submitted for the latter fifty percent of 2007 early 2008 while infidelity and lack of interaction are cited much less.

Dissolving Marriages

As in most countries, married couples can dissolve their marriage by divorce leaving the parties to remarry lawfully once again at a later day. The process is dependent on the standing of the relationship. In South Africa that is normally a civil relationship – in community of property or out of local community of property. Some South African marriages are also customary marriages.

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

Addressing the Concerns

In advance of petitioning for divorce, seem carefully at your choices:

*Can you reconcile?

*Do you need to have a attorney?

*Can you concur an asset break up?

*Maintenance and custody of the kids?

*What about alimony?

*What are the costs?


Most superior legal professionals will advise the petitioner to find counselling and investigate reconciliation prior to filing for divorce as the procedures can be prolonged and highly-priced if the two events are not in settlement.

There are lots of avenues to adhere to in regard to reconciliation. FAMSA offer an outstanding counselling and arbitration company to partners dealing with divorce.

Selecting a attorney

A petitioner desires to talk to very first and foremost if a attorney is important? If a couple is in arrangement concerning proceeding with a divorce then the petitioner can file for divorce at the area courtroom for a fee of R120, a copy of your relationship certification, a duplicate of your ID and your accomplished divorce papers.

If a few are unable to agree on the challenges of the divorce then it is highly recommended to seek out lawful steering but bear in mind that just about every divorce situation is unique. Issue your attorney on their specialisations, their strategy to divorce – is it tactical or intense? Most importantly, ask them to outline their payment construction in total upfront.

Can you concur?

If the couple can agree on asset break up, upkeep and custody of minors then filing at the area courtroom is the easiest alternative. Ordinarily a 50:50 split is awarded by the court in any case so fighting up entrance only costs you income. Sit down and be useful. You the two have to start out more than and what you eliminate in legal charges could be set to better use.

If you can concur, draw up the agreement and both sign it and have it witnessed and attach it to your divorce petition. (Agreement)

Custody of the minor children

Custody have to be agreed before a courtroom will grant a divorce. Consider what is very best for your little ones rationally. In most situations the lady is commonly granted custody nevertheless it is not uncommon for a couple to agree that custody be granted to the father. In African Customary Law the father usually stays the childrens pure guardian.

Irrespective of custody, maintenance and visitation is essential to be agreed upon and in which a few can’t or will not concur the courtroom will determine bearing in brain that all moms and dads have a duty to assist their children like all illegitimate young children.

Upkeep challenges can be dealt with to the Servicing court docket once the divorce is finalised.


It is exceptional in South Africa that Alimony is awarded until the wife or husband can establish that they are incapable of earning a residing as they have been a residence-husband or wife/father or mother considering that the inception of the relationship and have no visible indicates of guidance.

Alimony is commonly agreed by the pair for a established period of time and taken into account with the settlement settlement.

The costs

Having divorced can be pretty costly. It is advisable to petition for divorce yourself through the nearby magistrates court to keep charges at a minimal. Agreeing the settlement, custody and routine maintenance upfront is the very best answer in South Africa as it negates the have to have for an attorney and lawful costs.

Figures released not long ago confirmed that the divorce price final year was the cheapest yet, and analysts say financial uncertainty has created unhappily married partners reluctant to component means. Number of couples divorce throughout challenging economic moments because lawyers expenses are merely way too high-priced, normally resulting in further fiscal issues for the few as they enter their new lives.

Ideal Solutions

Go to your nearby magistrates court docket and question for their help. It is realistic and just as efficient.