Understanding Divorce in South Africa: A Global Perspective

Divorce law is specific to every country. What is regarded as legally sound when it comes to divorce in South Africa might not be the same as a divorce in Italy or the Middle East. Different countries have a wide range of norms and laws when it comes to divorce. For example, women in Japan must wait 100 days after a divorce to get remarried. On the other side of the globe, couples must separate for at least a year before getting a divorce in Chile. If you live in the Vatican or the Philippines, however, no legal provisions exist for divorce. While strides are being made to change these stipulations, change is undoubtedly slow.

Facts Regarding Divorce in South Africa

Happily, South Africa has a democratic constitution, and residents can divorce freely, albeit through the courts. Let’s explore some interesting components of South African law.

1. We work on a no-fault system:
Divorce in South Africa operates on a no-fault system. The system was introduced in 1979 and removed the civil claim of adultery as a citeable ground for divorce. Prior to this, the party deemed as ‘innocent’ would have the upper hand, making the divorce proceedings unequal.
2. Customary marriages must also be handled in the courts:
Under South African law, a customary marriage is defined as a marriage that is “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa.” Even if these marriages are not registered with Home Affairs, they must go through the court’s divorce process to avoid legal complications down the line. If individuals fail to do this and simply separate, there may be legal ramifications if one partner passes away, as the former partner will still be entitled to some of the estate.
3. Most divorces in South Africa occur in first timers:
Divorce and marriage statistics for 2020, published in 2022, noted that the majority of divorce occurs between those who had only been married once. In fact, a whopping 80 % of divorces were from those who had been married once, compared to 9.8 % of women and 11. 7 % of men who were in second marriages.

Contact Our Team of Specialised Divorce Attorneys

If you are in need of support when it comes to divorce in South Africa, our expert attorneys are always on hand to assist. We have over two decades of legal experience to our name and are well-equipped to handle even the most complex legal battles. Send us a message via our online form, and we will happily be in touch.