Understanding Divorce in South Africa in the Post-Lockdown Landscape

No matter where you are in the world, divorce can certainly be a devastating process. It takes its toll on the entire family and can disrupt life as you know it when homes, children, and assets are on the line. Add the global pandemic to the equation, which saw an increas in divorce in South Africa according to many attorneys across the country, and it's no wonder that so many people are seeking legal counsel as their marriages dissolve. Nonetheless, while divorce applications are rife, the impact of lockdowns and the emergency State of Disaster are still taking their toll in South Africa and beyond. The Department of Justice has reported high levels of applications and a corresponding backlog in response.

Nonetheless, rises in rates are not unique to South Africa. According to Stewarts law firm in the United Kingdom, 2020 saw a whopping 122 % increase in divorce enquirers between July and October 2020 than it had done in 2019. Reports from Denmark, Italy, Latvia, and Lithuania reflected similar findings, and it's no wonder considering the enormous economic tolls of lockdowns and the fact that many families were thrust together without the usual respite of work, school, time with friends, and time apart. Naturally, the stresses of the pandemic have played a role in divorce rates in South Africa and beyond, and court administrators around the world are feeling these effects.

Fortunately, as we emerge from the aftermath of lockdown, accessing the courts has become a slightly easier feat, though backlogs remain. When it comes to divorce in South Africa, residents will usually opt for one of three proceedings, namely uncontested, mediated, or contested. Uncontested proceedings are the quickest and occur when both parties agree to all terms. This is usually easiest when children and property are not involved and can be completed in as little as a month if the court has an open date for the case. Mediated divorce in South Africa occurs when parties require legal advice. An unbiased third party will help them navigate the terms until an agreement is reached. Finally, in contested cases, parties disagree fundamentally on many aspects, and this situation can become drawn out and messy. In such an instance, legal counsel is paramount to ensure that all processes remain fair and above board.

Read more about THREE FACTS TO KNOW ABOUT DIVORCE IN SOUTH AFRICA here

Chat with the Team

Whether you're embarking on a post-lockdown divorce or simply need legal advice before making a big decision, the expert team at Riëtte Oosthuizen Attorneys are always on hand to assist. We have over 20 years of law experience to our name, and we're well-versed in all aspects related to South African law. Contact us here for advice on divorce in South Africa, and we will happily get in touch with you.