Understanding the Grounds for Divorce in South Africa

Divorce is not an easy topic to tackle, and the laws regarding it can often be complex to understand. However, it’s important to know what the grounds for divorce in South Africa are and what the courts consider when granting a decree of divorce.

In this article, we look at the grounds for divorce and what you need to know if you are considering a divorce in South Africa.

What Are the Grounds for Divorce?

Divorce in South Africa is governed by the Divorce Act 70 of 1979, which provides for the grounds on which a divorce may be granted, as well as the procedure to be followed.

The grounds for divorce in South Africa are:

• The irretrievable breakdown of the marriage
• The mental illness, or the continuous unconsciousness, of a party to the marriage

In South Africa, we have a no-fault divorce system, which means that a divorce will be granted by the court if one of the parties believes that the marriage has irretrievably broken down. In short, it means that a divorce can be granted even if one of the parties doesn’t want to get divorced.

Irretrievable Breakdown

If the court is convinced that the marriage relationship has irretrievably broken down and where there is no reasonable prospect of its restoration, the court may grant a divorce decree on the grounds of the irretrievable breakdown of the marriage.

These are the circumstances the court may accept as evidence:

• The parties have not lived together as husband and wife for a period of at least a year before the summons was issued.
• The defendant committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship.
• The defendant has been declared a habitual criminal and is imprisoned as a result.

Mental Illness

The court may grant a decree of divorce on the grounds of the mental illness of the defendant if it is satisfied that the defendant:

• Has been admitted to an institution in terms of a reception order
• Is being detained at an institution as a state patient
• Is being detained as a mentally ill convicted prisoner at an institution

Consult with Our Experienced Attorneys

South Africa has a relatively straightforward divorce process, but the financial consequences can be extensive, as most divorces are typically referred to the High Court.

Divorce can quickly become unnecessarily complicated and costly, which is why you can benefit from a team of expert attorneys. Riëtte Oosthuizen Attorneys have more than two decades of experience and work hard to ensure the best outcomes for our clients. Contact us to schedule an appointment.