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:

Step 2: Choose the Correct Grounds for Divorce

You must choose one of the following grounds for divorce:

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:

Step 4: Serve Your Spouse

You must serve your spouse with the divorce application and supporting documents. This can be done by:

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

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.