Divorce is a legal process that requires you to follow specific steps. Below are some key things you need to be aware of when filing for a divorce.
Three grounds for a divorce
In South Africa, the primary legal grounds for divorce are an irretrievable breakdown of the marriage, mental illness, or continuous unconsciousness of a spouse. To move forward with filing for a divorce, you must be able to prove that at least one of these situations exists.
The most common reason for couples wanting a divorce is an irretrievable breakdown of the marriage. This is usually accompanied by a lack of a chance of reconciliation.
Two divorce types
There are two primary types of divorce processes in South Africa, namely contested and uncontested. In an uncontested divorce, both parties agree on the terms, making it a faster and less costly option. Contested divorces, where there is no agreement, typically take longer and may require court appearances. Deciding on the appropriate divorce type early on will guide your next steps and impact the complexity and cost of the process.
The divorce summons
Once you’ve determined the type of divorce, the next step is to draft a divorce summons. This document is important because it lets your spouse know that you plan to get a divorce. You need to file this summons with the court. The summons includes key information about the divorce, such as issues related to child custody, property division, and spousal support.
Finalisation
For couples looking to get an uncontested divorce, the first thing they need to do is reach an agreement on important matters like how to divide their assets, who gets custody of the kids, and how to handle finances. If any issues come up, mediation can be a helpful way to sort things out, which can save both time and money compared to going to court. Mediation offers a way to find common ground without turning the situation into a contested divorce.
The final step is going to court, where a judge will check the divorce agreement and, if everything looks good, will issue a divorce order. In uncontested cases, this part can be really quick, sometimes taking just a few minutes. Once the judge signs the order, the divorce is official.
Did you find this information useful?
Let us know by clicking on the comment tab below this article.
You can also email info@thesouthafrican.com or send a WhatsApp to 060 011 021 1.
Also, follow @TheSAnews on X and The South African on Facebook for the latest news.
