Understanding the Divorce Process
Divorce, while undoubtedly a challenging and emotional process, is not without its straightforward aspects in South Africa. Understanding how divorce proceedings work in South Africa, though unique to each case, can be navigated with a clear understanding of factors like children, assets, and the nature of the divorce.
How Long Does Divorce Take in South Africa?
The time and how long it takes for a divorce to be finalised depends largely on whether it is contested or uncontested:
In the case of an uncontested divorce, where both spouses agree on the terms, including child custody, maintenance, and asset division, the process can be completed in a relatively short time, often within 6 to 12 weeks. This speed is largely dependent on the court’s availability and the efficiency of the legal professionals involved, offering a potential for a quicker resolution.
Contested Divorce: If the parties cannot agree, the divorce becomes contested, and the time frame can extend significantly, sometimes lasting several months to years. A contested divorce often requires multiple court appearances and mediation sessions to resolve disagreements.
What Are the Costs for Divorce in South Africa?
The costs of divorces in South Africa vary, but general guidelines include:
Uncontested Divorce: The most affordable option, often costing between R7,000 and R15,000 if handled by an attorney and similar if mediated.
Contested Divorce: Costs can escalate in a contested divorce due to the need for more comprehensive legal representation, court appearances, and possible expert consultations. Depending on the complexity and duration, these divorces can cost anything from R30,000 to R200,000.
What Are the Legal Requirements for Filing for Divorce in South Africa?
To file for divorce, parties must adhere to certain legal criteria and the valid reasons for divorce must be met:
Marriage Breakdown: One or both spouses must demonstrate that the marriage has irretrievably broken down. This can mean that reconciliation is no longer a viable option.
Residency Requirement: At the time of filing, at least one spouse must be a resident or domiciled in South Africa.
Marriage Validity: Proof of a legally valid marriage is required, typically through a marriage certificate. For marriages under traditional or customary law, a proper registration process may be required to proceed with divorce.
How to Serve a Summons for Divorce
Serving a summons is a crucial procedural step in initiating the divorce process:
The role of the sheriff in serving the summons is crucial: The sheriff, acting on behalf of the spouse initiating the divorce, delivers the summons to the other spouse at their residence or workplace, ensuring that the legal process is followed correctly.
Response Period: After the summons is served, the spouse has a specified period (usually 10 days) to respond if they intend to contest the divorce. If they do not respond, the divorce may be unopposed, allowing for quicker resolution.
Can a Spouse Refuse to Get Divorced?
South African law allows one spouse to file for divorce, even if the other spouse does not consent. If one spouse files for divorce, the court evaluates the grounds and circumstances of the case:
Refusal to Sign: If a spouse refuses to get divorced by either not sign or participate, the divorce can still proceed. The court will review the circumstances, and if the irretrievable breakdown is evident, the divorce will likely be granted.
Delay Tactics: Although a spouse can delay proceedings, they cannot indefinitely prevent divorce if the marriage is truly broken down.
What Happens if a Spouse Moves Out Before the Divorce?
In many cases, one spouse moves out before the divorce is finalised. Here’s what to consider if this happens:
Parental Responsibilities: If children are involved, the spouse remaining in the home typically retains custody until an official arrangement is made. However, a legal determination on child custody will be required to formalise any long-term custody agreement.
Even if A spouse moves out before the divorce is finalised, they are still responsible for shared debts and expenses until a financial arrangement is made as part of the divorce.
Ownership Rights: Moving out does not equate to forfeiting property rights. Both spouses retain their property claims until the court finalises the division of assets.
Ready to Proceed With Your Divorce? Contact Our Experienced Attorneys Today For A Consultation
Divorces in South Africa involves careful consideration of legal requirements, costs, and timelines. Understanding the various stages and options, whether contested or uncontested, can help make the process as smooth as possible. If you’re considering divorce or need guidance on any aspect of the legal process, consulting with an experienced family law attorney can provide clarity and support during this challenging time. For more information on divorce law in South Africa, filing for a divorce , filing a combined summons, responding to the served documents, or assistance with your case, Contact Burger Huyser Attorneys, who are specialists in all aspects of family law, divorce proceedings and divorce procedures in South Africa. When considering divorce, seeking legal advice early on can help streamline the process and provide clarity on the best path forward. Contact our experienced and trusted divorce lawyers today for personalised legal assistance tailored to your needs.
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton callÂ
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
