South Africa boasts a pretty straightforward divorce law system, especially in the instance of an uncontested process. However, the economic and emotional toll of divorce can still be stressful, even if legally it can be simple to navigate. This is especially true when it’s a contested process, and the High Court need to get involved. When a litigation matter arises, it is imperative to work with a qualified attorney who can ensure that your needs are met and the process works out favourably.

Divorce in South Africa works on a no-fault system. Essentially, this means that divorce can occur without the onus or blame being placed on one individual. Instead, various grounds for divorce are categorised into over-arching categories and include:

The irretrievable breakdown of the marriage: This over-arching category is used to describe any marriage whereby the relationship has disintegrated and can no longer be salvaged. A plethora of issues can fall under this category, including adultery, not living under the same roof for over a year, or when a spouse has been imprisoned. However, since we work on a no-fault system, the specific instances will not be seen as the cause for divorce.  

Mental illness or continuous unconsciousness: Another ground for divorce is that of mental illness or continuous hospitalisation. This might include instances when one partner is undergoing treatment in a mental health clinic or if they have been in a state of unconsciousness for over six months.

There are many reasons why a couple might choose to end a marriage. However, all reasons fall into one of the abovementioned categories. Working with a qualified attorney will help you decide which grounds apply to you.

Types of Divorce

Once you have established the grounds for the divorce, it is time to consider the different types of processes available. Here we break the various processes down briefly.

Uncontested: The easiest process, whereby both parties agree on the dissolution of the marriage and the agreed-upon terms. These are usually easy and quick, and both parties can work with the same lawyer for added ease.

DIY:DIY processes are becoming increasingly popular in the digital age. This requires you to go to the magistrate’s office yourself or use one of many online services. However, this is usually not advised in the case of contested situations or if children, assets, and property are involved.

Default: In such an instance, one partner files, and the other does not respond. If this happens, it is best to figure out why there has been a lack of response and to consult attorneys where necessary.

Contested:The most difficult type of all, the contested process, occurs when parties cannot agree on terms such as childcare plans and custody, shared and divided assets, and other complex matters. Unfortunately, this can be a drawn-out, costly process and involves a trial and judgement. In such a situation, working with legal professionals is advised.

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With over two decades of experience in Family Law, we are well-versed in all things pertaining to divorce in South Africa. We help our clients to navigate the complex legal maze and aim to get them favourable results.