Details Regarding The South African Divorce Act

In 1979 South Africa’s Divorce Act dramatically changed, transforming the grounds for divorce. Prior to 1979, the common-law grounds for the dissolution of marriage had been malicious desertion or adultery. Marriage could also end if a spouse was imprisoned or classified as having “incurable insanity” for seven years or more. With the exception of the ground of insanity, all of these reasons were based on a fault system, meaning that one party was always to blame. For this reason, the so-called innocent party would often benefit from divorce proceedings, and children could be unfairly affected.

This all changed in 1979 when grounds were introduced. These new grounds were not based on a fault system and were classified under the umbrella category of the irretrievable breakdown of a marriage. This category encompassed all possible reasons why a marriage might end without placing fault on one party and includes adultery and imprisonment. Under the amended act, the other two reasons for divorce include an incurable mental illness for two years or more or one party enduring a state of unconsciousness for over six months. These grounds ensure that no party is legally to blame for the dissolution of the marriage, which safeguards minor children.

When it comes to the types of divorces allowed under the act, the following are common:

Uncontested: This is the simplest type of process since both parties agree to the terms and conditions with regard to assets, finances, children, and policies. The proceedings could be finalised in as little as a month in such a case. The process is usually quick and easy and allows both parties to get on with their lives soon after the papers have been filed. Advantages of this approach include:

• Both parties have a say in the outcome (rather than the courts deciding)
• A quick turnaround time
• Limited conflict
• Less legal costs

Contested: Contested divorces, on the other hand, happen when the parties cannot agree to various aspects of the settlement. These are oftentimes acrimonious, and the courts will decide on the outcome. This can become costly and last for as long as three years.

Chat with Our Expert Legal Team at Riëtte Oosthuizen Attorneys

Our expert legal team has a wealth of knowledge when it comes to South Africa’s Divorce Act, offering clients sound legal advice every step of the way. We understand how stressful the process can be, and this is why we offer every client sensitivity, professionalism, and expert information. In the event of a contested process, we will help you to understand your rights in the act with ease and work hard to diminish the complexity of the divorce process so that you can focus on moving on. We handle each case with confidentiality and to our utmost to meet our clients’ every need. For more information on the Divorce Act and our services, contact us on 012 460 6359 or send us a message here. We will gladly get back to you and do our best to help you navigate through the complex legal maze.