The Main Causes of Divorce in South Africa

Under the Divorce Act 70 of 1979, the sole ground for divorce in South Africa is the irretrievable breakdown of the marriage. There is no separate fault-based ground, but the court must be satisfied on the evidence that the marriage has broken down, and the conduct of the parties — adultery, abuse, desertion, substance abuse, financial mismanagement, communication breakdown, and incompatibility — is what the court weighs in reaching that finding. Statistics South Africa has consistently reported that women initiate the majority of divorce actions (roughly two-thirds in recent annual releases), reflecting that the breakdown is more often experienced, identified, and acted on by women than by men.

The Legal Ground: Irretrievable Breakdown Under the Divorce Act 70 of 1979

Section 4 of the Divorce Act 70 of 1979 sets the irretrievable breakdown of the marriage as the sole ground for divorce in South Africa. The court must be satisfied on the evidence that the marriage has broken down — a finding of fact, not a fault-based finding.

Specific conduct (adultery, abuse, desertion, substance abuse) is not a separate statutory ground but is evidence the court considers in deciding whether the marriage has broken down. The “no-fault” framing of the Act does not prevent either party from raising conduct that affects division of assets, maintenance, or custody — those consequences are decided separately, on their own facts, once the court has accepted that the marriage itself has broken down.

Adultery and Infidelity

Adultery is among the most commonly cited specific causes in South African divorce pleadings. Even where adultery is cited, the legal question for the court remains whether the marriage has irretrievably broken down — not whether adultery occurred.

Adultery can be relevant to a claim for forfeiture of maintenance benefits by the adulterous spouse and to arguments around dissipation of the joint estate, where marital funds were used to support the extramarital relationship. It rarely, on its own, defeats the divorce itself.

Abuse — Physical, Emotional, and Financial

Domestic violence is a recognised cause, including physical assault, emotional and psychological abuse, and economic abuse (controlling finances, withholding money, gambling the joint estate). A protection order under the Domestic Violence Act 116 of 1998 can run in parallel with a divorce action and is often the first step for an abused spouse.

Abuse-driven divorces frequently involve contested proceedings because the abusive spouse may resist the divorce or dispute the evidence. Where children are involved, the Family Court / Children’s Court engagement on custody and care arrangements is triggered separately.

Substance Abuse and Addiction

Alcohol and drug abuse by one party are regularly cited in divorce pleadings as conduct making the marriage intolerable. The court weighs ongoing substance abuse as evidence that the marriage cannot reasonably be sustained.

Where substance abuse affects parenting capacity, it has direct consequences for custody and care decisions, and a Family Advocate’s investigation may be requested under section 6 of the Mediation in Certain Divorce Matters Act 24 of 1987.

Communication Breakdown and Emotional Distance

Persistent communication breakdown is the most common but least legally specific cause — usually framed as incompatibility or irreconcilable differences. It often surfaces in court filings as a pattern of behaviour rather than a single incident.

Where communication breakdown is the only ground alleged, the divorce usually proceeds on the parties’ joint assertion that the marriage has broken down, and the cause is recorded without specific evidence being led.

Financial Stress and Mismanagement

Financial mismanagement (debt, gambling, undisclosed liabilities) is a recurring cause cited in SA divorces, particularly where the marriage is in community of property and both spouses are jointly liable for the joint estate’s debts. Financial stress alone rarely decides a divorce — it tends to compound other causes such as communication breakdown or substance abuse.

Where one spouse’s financial conduct has harmed the joint estate, it can affect the equitable distribution of assets on divorce, and may also support a claim for forfeiture of benefits under section 9(1) of the Divorce Act.

Incompatibility, Sexual Incompatibility, and Inability to Have Children

Incompatibility is broadly framed in pleadings as a failure of the spouses to live together as husband and wife in a meaningful way. Sexual incompatibility is sometimes cited, though courts are cautious about the evidence required. The inability to have children (whether due to medical reasons, refusal to try, or a unilateral decision) is cited in some filings, particularly where children were a central expectation of the marriage.

Cultural, Religious, and Family-of-Origin Conflict

Conflict over cultural or religious practice — including extended-family involvement, customary-law expectations, and differing religious observance — is a documented cause in SA divorces. Customary marriages concluded under the Recognition of Customary Marriages Act 120 of 1998 have their own dissolution procedure and additional considerations around lobola and family negotiation.

Pressure from in-laws or extended family is sometimes cited as a contributing cause rather than the primary one. In customary marriages, section 8 of the Recognition of Customary Marriages Act requires that the court consider all relevant factors, including the customary law consequences of the marriage and the lobola arrangements.

Mental Health and Cognitive Decline

Untreated or poorly managed mental illness in one spouse is a recognised cause. Where a spouse’s mental capacity to consent to or sustain the marriage is in question, additional procedural protections may apply — curatorship under the Mental Health Care Act 17 of 2002 and legal representation to protect that spouse’s interests during the divorce.

How the Cited Cause Affects the Divorce Process

The cause cited in pleadings shapes how the divorce proceeds — how contested it is, how long it takes, and what evidence must be led.

Pathway	When It Applies	Typical Timeline
Uncontested divorce	Both parties agree the marriage has broken down and the specific cause is not contested	Six to eight weeks from filing to order where there are no minor children
Contested divorce	The cited cause is denied, one party opposes the divorce, or there are disputed consequences (custody, assets, maintenance)	Six months to several years, depending on the issues in dispute and the court roll
Defended divorce	One party alleges the marriage has not broken down	Rare and difficult to sustain under the current Act

The cited cause has minimal impact on the procedural path where there are no children and the parties agree on division of assets — the cause is recorded, but the file moves forward on the joint assertion of breakdown.

Comparing the Common Causes

Cause	Frequency Cited in SA Filings	Typical Impact on Process	Note
Adultery	High	Can complicate settlement but rarely defeats the divorce itself	Adultery alone does not bar a divorce
Abuse (physical/emotional/financial)	High	Usually contested; protection orders often run in parallel	Triggers separate safety planning
Substance abuse	Moderate	Often contested where parenting is in issue	Affects custody assessments
Communication breakdown	Very high	Often uncontested — no specific evidence required	Most common catch-all cause
Financial stress / mismanagement	Moderate	Rarely dispositive on its own	Relevant to division of joint estate
Incompatibility / irreconcilable differences	Very high	Often uncontested	General-purpose cause
Mental health / capacity	Lower	Procedural protections may apply	Curatorship may be needed

What Couples Considering Divorce Should Know

• South African divorce is a non-fault process — the cause cited is not a “blame” finding but evidence that the marriage has broken down.
• An attorney can advise on whether the cause cited will be relevant to maintenance, custody, or division of assets, where the conduct of the parties continues to have legal consequences even after the divorce itself is granted.
• Mediation is available as an alternative to contested litigation — qualified mediators (Burger Huyser has qualified mediators on staff) can help resolve the parenting and property consequences.
• Domestic violence situations warrant both a protection order and a divorce filing, ideally handled by the same attorney for continuity.

Where Divorce Is Filed in South Africa

The Divorce Act 70 of 1979 is national legislation, and there is no provincial variation in the substantive grounds for divorce. Cases are filed in the Regional Court of the Magistrate’s Court where there are no minor children and the parties consent, or in the Divorce Court in the relevant provincial division of the High Court where the matter is contested or where minor children are involved.

Burger Huyser Attorneys practises across Gauteng from its head office in Linden (Randburg) and from branches in Sandton, Roodepoort, Bedfordview, Alberton, Midrand, Pretoria (Menlyn), and Centurion. The firm handles uncontested and contested divorce, divorce mediation with qualified mediators on staff, asset division, maintenance disputes, and settlement agreements. The firm’s Family Law and Divorce team can advise at the initial consultation on whether a matter calls for divorce, separation, a maintenance application, or a protection order.

Frequently Asked Questions

What is the legal ground for divorce in South Africa?

The sole ground is the irretrievable breakdown of the marriage under section 4 of the Divorce Act 70 of 1979. There is no separate fault-based ground, but the court considers the conduct of the parties — including adultery, abuse, desertion, or substance abuse — as evidence of whether the marriage has broken down.

Do I need to prove a specific cause to get divorced?

No — the court must be satisfied that the marriage has irretrievably broken down, but the specific conduct cited is not a separate legal requirement. Where both spouses agree the marriage has broken down and file a joint petition, no specific cause need be proved.

Does adultery affect the outcome of a divorce?

Adultery alone does not prevent a divorce and is not a separate ground. It may, however, affect the division of assets where adultery is linked to dissipation of the joint estate, and in limited circumstances it can support a forfeiture of maintenance benefits by the adulterous spouse.

Can I get divorced if my spouse won’t agree?

Yes — where one spouse believes the marriage has irretrievably broken down and files a sole petition, the court can grant the divorce on the evidence even if the other spouse opposes it. Defended divorces on the basis that the marriage has not broken down are rare and difficult to sustain under the current Act.

Does abuse affect the divorce?

Abuse is relevant both as evidence of irretrievable breakdown and as a factor in custody and maintenance decisions. A spouse experiencing domestic violence should also consider a protection order under the Domestic Violence Act 116 of 1998, which can run alongside the divorce.

How long does a divorce take in South Africa?

An uncontested divorce with no minor children typically takes six to eight weeks from filing to order. A contested divorce, or one involving minor children, can take six months to several years depending on the issues in dispute and the court’s roll.

Can a customary marriage be divorced on the same grounds?

Yes — the Divorce Act 70 of 1979 applies to customary marriages, but the Recognition of Customary Marriages Act 120 of 1998 introduces additional considerations around lobola, family negotiation, and the proprietary consequences of the marriage.

Which spouse usually files for divorce in South Africa?

Statistics South Africa has consistently reported that women initiate the majority of divorce actions — roughly two-thirds in recent annual releases — reflecting that the breakdown of the marriage is more often experienced, identified, and acted on by women than by men.

If you are considering divorce — whether uncontested, contested, or after a period of separation — Burger Huyser Attorneys’ Family Law and Divorce team can advise on your situation from the firm’s branches across Gauteng. The firm handles uncontested and contested divorce, divorce mediation (with qualified mediators on staff), asset division, maintenance disputes, and settlement agreements. Book an initial consultation through the head office in Linden on 011 888 0246 or through any of the firm’s branches across Gauteng, including Centurion, Pretoria (Menlyn), Sandton, Roodepoort, Bedfordview, Alberton, and Midrand. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and is a Best Family Law Firm and Best Multi-Sector Law Firm award winner.