How to get a divorce in south africa
In South Africa, the process of getting a divorce is governed by the Divorce Act, 1979 (Act No. 70 of 1979). Here are the general steps to follow:
Step 1: Meet the Eligibility Criteria
To file for divorce in South Africa, you must meet the following eligibility criteria:
- You must have been married for at least one year.
- You must have a valid reason for the divorce, such as adultery, cruelty, or desertion.
- You must have a reasonable expectation of living apart for at least one year.
Step 2: Choose the Correct Grounds for Divorce
You must choose one of the following grounds for divorce:
- Adultery: Your spouse has committed adultery.
- Cruelty: Your spouse has treated you with cruelty.
- Desertion: Your spouse has deserted you for at least one year.
- Irretrievable breakdown: The marriage has broken down irretrievably.
Step 3: File the Divorce Application
You must file a divorce application with the High Court in the province where you reside. The application must include:
- A completed Form 2 (Application for Divorce) and Form 3 (Notice of Application for Divorce).
- A copy of your marriage certificate.
- A copy of your spouse's identity document.
- A statement setting out the grounds for divorce.
- A statement setting out the relief you are seeking, such as a divorce, maintenance, or custody of children.
Step 4: Serve Your Spouse
You must serve your spouse with the divorce application and supporting documents. This can be done by:
- Hand delivery: Your spouse must be handed the documents personally.
- Registered mail: The documents must be sent by registered mail to your spouse's last known address.
- Process server: A process server can be used to serve your spouse.
Step 5: Wait for Your Spouse's Response
Your spouse has 10 days to respond to the divorce application. If they do not respond, you can proceed with the divorce.
Step 6: Attend a Court Hearing
If your spouse responds to the divorce application, you will need to attend a court hearing to resolve any disputes. If you do not have any disputes, the court will grant the divorce.
Step 7: Obtain a Divorce Order
If the court grants the divorce, you will receive a divorce order. This order will officially end your marriage.
Additional Considerations
- Maintenance: You may be entitled to maintenance from your spouse, which is financial support to help you maintain your lifestyle.
- Custody of children: You may need to negotiate custody arrangements for any children you have together.
- Property division: You may need to negotiate the division of your assets and liabilities.
Costs
The costs of getting a divorce in South Africa can vary depending on the complexity of the case and the fees charged by your attorney. On average, the costs can range from R10,000 to R50,000 or more.
Attorney's Fees
You will need to hire an attorney to assist you with the divorce process. The attorney's fees will depend on the complexity of the case and the attorney's experience. On average, the fees can range from R5,000 to R20,000 or more.
Conclusion
Getting a divorce in South Africa can be a complex and emotional process. It is recommended that you seek the assistance of an attorney to guide you through the process and ensure that your rights are protected.