A Brief Overview of the South African Process

South Africa has a fairly simple divorce process. However, the legal, financial, and emotional fallout can be stressful, to say the least. This is why so many people choose to navigate the process with a qualified legal professional by their side. Understanding how the legal complexities work can alleviate some anxiety and help you to understand what the road ahead entails. Here we offer a quick summary of how the South African system works.

Here we explore some top tips for navigating the divorce process.

Prior to legal amendments in 1979, South African divorce law was based on a fault system, and marriage could be terminated on the grounds of malicious desertion or adultery. This fault-based system gleaned many critiques as it could be hugely disruptive to families. It was eventually established that the guilt-based system did not always consider the best interests of minors, and thus it was revoked. Happily, since the amendment, the law is based on a no-fault system, meaning that no party is legally to blame. Grounds for divorce can include:

1. The irretrievable breakdown of the marriage: (which covers a plethora of issues, from adultery, lack of intimacy, financial woes, and the general breakdown of the relationship) However, the key here is that no one is legally to blame, and thus both parties experience a fair process.

2. Incurable mental illness

3. Continued unconsciousness

Parties do not have to get permission from their ex-spouse if they want a divorce. However, the other party's reaction will determine the type of divorce that occurs. The South African process begins when one party serves a summons via the court's sheriff. Once this happens, one of two types of processes will unfold, namely contested and uncontested. Uncontested divorces are undoubtedly the most accessible type of divorce, as this is where both parties agree on the terms, and therefore no mediation is needed. These divorces can be finalised in about a month and are the most cost-effective solution for everyone involved. Contested divorces, however, can take years to complete, especially if there is animosity with regard to children or shared assets.

Once the summons has been delivered, the other party has a month to respond. In the event that they don't respond to the summons, a default divorce can occur. This is essentially like an uncontested process, and the court will make the decision.

In a contested process, it is advisable to work with a legal professional who can help you navigate the process with professionalism and ease, and that's where we can step in.

Chat with the Legal Experts at Riëtte Oosthuizen Attorneys

Contested processes can get extremely messy and cause considerable emotional turmoil for all involved. This is where accessing legal counsel can alleviate a great deal of stress and help you navigate the process's complexity. Established in 2000, we have over two decades of experience to our name and are well-versed in complex topics ranging from child abduction to maintenance concerns in South African law. We are always here to chat if you want to learn more about the process in South Africa. Fill in our query form here, and we will gladly get back to you.