Common Questions About Divorce Law

When it comes to divorce law in South Africa, our clients often have many questions. Both civil marriages and customary ones need to be dissolved by the court under South African Law. While many people choose to consult an attorney, others engage in the process alone. Understandably, it can be a tricky journey to navigate and fully comprehend since there are so many variables. Here we examine the top questions that our clients often ask.

What are the grounds for divorce in South Africa?

Under South African jurisdiction, there are a few grounds for divorce. Our legal system takes a no-fault approach, and thus no party is blamed. Divorce can be instituted if parties have not lived together for a year or more, if there is an irreconcilable breakdown of the marriage, or in the case of prolonged illness or mental illness. The irreconcilable breakdown of marriage covers an array of scenarios.

Can I get married when going through the divorce process?

In South African civil law, people can only marry one person at a time. However, under customary law, men can marry up to four wives with permission. Before getting married again, it is essential that the relevant proceedings have been finalised or the necessary permission has been granted.

Do I need a lawyer under South African Law?

While seeking legal counsel is advisable and can expedite the process and ensure there aren’t any errors, it is not a legal necessity. In some instances, parties choose to do it themselves. This is sometimes referred to as a DIY divorce and requires parties to handle the court system and paperwork themselves. However, if parties cannot agree on terms and conditions and are embarking on a contested process (where they are arguing about assets, child custody, maintenance or other issues), legal counsel is needed.

Get in Touch with Riëtte Oosthuizen Attorneys for Legal Advice and Support

For more information, get in touch with us today. We will happily answer any legal questions or concerns and offer our expert legal insight. We have been working in the fields of South African divorce and family law since 2000 and thus have 22 years and counting to our name. We can handle a myriad of complex issues, including child custody, maintenance, primary residence, and the division of assets and strive to offer every client professionalism, sensitivity, and confidentiality. We are always on hand to help you navigate South African divorce proceedings and embark on your new chapter with the ultimate peace of mind.