How to Get Started with the Divorce Process in South Africa

Under South African law, a divorce is instituted when one party goes to the court (themselves or through their attorney), and a summons is issued. The divorce process can be carried out at the High Court or the Regional Magistrate's Court that has jurisdiction over the particular area.

There are two primary types of divorce, namely contested divorce processes and uncontested divorces. Contested cases occur when the parties cannot agree on various divorce stipulations and might disagree on issues pertaining to the division of assets, child custody, and primary child location. Uncontested divorces – where parties agree on all terms – can be finalised in as little as a month. Contested processes, on the other hand, can go on for many years. More often than not, contested processes are settled before they go to trial. However, these usually entail lengthy and costly legal battles where both parties need to hire the services of an attorney.

Steps Involved in the Divorce Process

As a general norm, a divorce process will follow these steps:

1. One party (the plaintiff) hires the services of an attorney or decides to navigate the court process themselves.
2. The clerk of the court writes the divorce summons and issues it.
3. The Sheriff of the court will serve the divorce summons to the other party (the defendant).
4. They must file their reply within 20 working days; they can either agree to the stipulations or counterclaim.
5. If your former partner doesn't counterclaim, the divorce proceedings will be added to the court role where the plaintiff will appear in court, and the judge will ask specific questions about the divorce.
6. If your former partner counterclaims and disagrees with the summons, they will create a defence document, and a trial date will be set.
7. If the case goes to trial and is uncontested, it is advisable to hire a lawyer to navigate the legal maze and ensure the best possible outcome.

Consult with Our Expert Team

If you are about to embark on the divorce process and need expert legal support, contact our team, and we will happily offer your advice. With over two decades of experience in divorce and family law, we offer every client confidentiality, professionalism, and expert legal counsel so that they can begin their next chapter with ease and peace of mind.