Understanding the Steps Involved in Divorce

Divorce refers to the legal separation of a married couple. If couples are married in a civil marriage, it will be dissolved under South Africa's Divorce Act. This event takes an emotional toll on the entire family and can be an incredibly confusing time for everyone involved. It also entails a complex web of legal documents and processes, especially if the process is contested and former couples cannot agree on the division of assets or custody of their children.

Under South African law, there are several steps involved. Let's break them down below.

Step 1: Seek legal counsel

If you or your former partner are considering divorce, the first step is to seek legal advice. During this stage, you'll discuss the type – uncontested (which is the easiest to navigate since both parties agree), contested (an acrimonious process which can go on for many months or years), or mediated (which can lead to resolution with an unbiased mediator). Different marriage contracts will necessitate different actions. For example, if you get married in community of property, all assets and liabilities will be shared and divided equally.

Step 2: Prepare the correct documents

Next, you will need to gather all your documents (all of which must be officially certified). The documents include:

• ID documents
• The marriage certificate
• The birth certificates of any children
• An anti-nuptial agreement
• Any financial documentation you wish to bring to the court's attention

Step 3: Apply for the divorce

Once you have all your documentation, you'll need to apply for your divorce (either on your own or through your lawyer, which is advisable as they comprehend the court system and are equipped to navigate the different processes.) Apply at the High Court or a local family court and make copies of all documents. Once complete, hand the documents in to the Sheriff of the court, who will deliver a summons to your former partner. The court clerk can help you with the summons (which will include reasons for the dissolution of the marriage and information on child custody and assets). Your former partner can agree to the terms or counterclaim within a specific timeframe.

Step 4: Attend a court hearing and recover

A trial date will then be set, and both parties will appear before the judge. The judge hears both sides and rules accordingly. If your former partner does not respond, the court can rule on their behalf. This is known as a default divorce.

Once the judge has ended your marriage and ruled on all stipulations (around assets, children, and liabilities), it's time to begin the healing process. Many people opt to go through professional counselling hereafter to process the marriage breakdown and start their next chapter.

Contact our Legal Team

If you are embarking on the divorce process and need legal advice, contact our team. We've been in the legal sphere for over 20 years and handle each case with professionalism, sensitivity, and expert legal knowledge.