Divorce in South Africa – Your Greatest Selections

Most South Africans divorce in the initially five to nine a long time of relationship and most of those are initiated by gals.

The most prevalent motive sited for divorce in South Africa is simply that the couples drift apart, followed closely by drug and alcoholic beverages abuse (cocaine use getting commonplace), bodily abuse and unemployment.

More not long ago, figures demonstrate that fiscal troubles are coming to the fore in most divorce cases filed for the latter 50 percent of 2007 early 2008 although infidelity and lack of conversation are cited fewer.

Dissolving Marriages

As in most countries, married partners can dissolve their relationship as a result of divorce leaving the parties to remarry lawfully once again at a later date. The system is dependent on the position of the marriage. In South Africa that is usually a civil relationship – in neighborhood of assets or out of local community of property. Some South African marriages are also customary marriages.

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

Addressing the Concerns

In advance of petitioning for divorce, glance intently at your selections:

*Can you reconcile?

*Do you need to have a attorney?

*Can you concur an asset split?

*Upkeep and custody of the little ones?

*What about alimony?

*What are the prices?


Most fantastic attorneys will advise the petitioner to look for counselling and explore reconciliation prior to submitting for divorce as the methods can be lengthy and high priced if both of those events are not in settlement.

There are several avenues to adhere to in regard to reconciliation. FAMSA give an superb counselling and arbitration support to partners experiencing divorce.

Deciding upon a lawyer

A petitioner wants to request first and foremost if a attorney is vital? If a pair is in settlement with regards to proceeding with a divorce then the petitioner can file for divorce at the nearby court docket for a rate of R120, a duplicate of your marriage certificate, a copy of your ID and your finished divorce papers.

If a couple cannot concur on the troubles of the divorce then it is advisable to seek legal assistance but bear in thoughts that each and every divorce scenario is different. Query your legal professional on their specialisations, their technique to divorce – is it tactical or aggressive? Most importantly, check with them to define their fee structure in complete upfront.

Can you agree?

If the few can agree on asset break up, servicing and custody of minors then filing at the area courtroom is the least difficult choice. Usually a 50:50 break up is awarded by the court in any case so fighting up entrance only charges you cash. Sit down and be practical. You the two have to start more than and what you eliminate in legal expenses could be put to far better use.

If you can agree, draw up the settlement and the two signal it and have it witnessed and attach it to your divorce petition. (Settlement)

Custody of the slight little ones

Custody have to be agreed prior to a court will grant a divorce. Consider what is finest for your youngsters rationally. In most cases the girl is ordinarily granted custody even so it is not uncommon for a couple to concur that custody be granted to the father. In African Customary Legislation the father normally remains the childrens natural guardian.

Irrespective of custody, servicing and visitation is expected to be agreed on and exactly where a few can not or will not concur the courtroom will make your mind up bearing in intellect that all parents have a duty to assistance their young children including all illegitimate little ones.

Servicing problems can be resolved to the Maintenance courtroom as soon as the divorce is finalised.


It is uncommon in South Africa that Alimony is awarded unless of course the wife or husband can establish that they are incapable of earning a living as they have been a house-partner/father or mother given that the inception of the marriage and have no visible signifies of assist.

Alimony is usually agreed by the few for a set period of time and taken into account with the settlement arrangement.

The fees

Obtaining divorced can be really highly-priced. It is recommended to petition for divorce oneself by means of the local magistrates court docket to maintain prices at a minimum. Agreeing the settlement, custody and maintenance upfront is the ideal answer in South Africa as it negates the need for an attorney and legal costs.

Figures launched not too long ago showed that the divorce price previous year was the least expensive nonetheless, and analysts say financial uncertainty has designed unhappily married couples unwilling to element techniques. Several partners divorce throughout hard economic times since legal professionals expenses are basically much too high-priced, usually ensuing in more monetary issues for the few as they enter their new lives.

Ideal Choices

Go to your regional magistrates court docket and question for their assistance. It is acceptable and just as effective.

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