How to get a divorce

The divorce process in South Africa is relatively straightforward

Divorce is not the most popular topic, but it happens every day.

Often we think of mountains of paperwork and headaches when the topic comes up, but for those who are seeking to get a divorce, it doesn’t have to be daunting.

The divorce process in South Africa is relatively straightforward, yet the financial and emotional consequences can take their toll, especially since most divorces are lodged in the High Court.

You can divorce in either the Regional Court or the Magistrate’s Court if they have jurisdiction in your area.

A court has jurisdiction in a divorce action if one or both parties are:

Domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
Ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.

A divorce action is instituted by the issuing of a summons.

A divorce summons is unique in that it must be served personally on the defendant by the sheriff of the court.

The court issues the summons and the sheriff then serves the summons on the defendant.

The summons will give the number of days in which the defendant has to file a notice of intention to defend, ie contest the divorce.

There are typically two types of divorces: the contested or opposed divorce and the uncontested or unopposed. The latter type is the best and most cost-effective for all parties concerned.

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce.

You will both consult with the same attorney, who will be unbiased and impartial.

There is no formal trial needed and the divorce can be finalised in as little as 4 weeks.