How to Get a Divorce in South Africa: A Step-by-Step Guide

Types of Divorce

Divorces in South Africa generally fall into two categories:

• Uncontested (Unopposed): Both parties agree on the divorce and the terms (division of assets, child care, maintenance). This is fast (4-12 weeks) and cost-effective.
• Contested (Opposed): The parties disagree on terms. This can take 2-3 years and cost hundreds of thousands of Rands in legal fees.

The Grounds for Divorce

South Africa has a "no-fault" divorce system. You only need to prove the irretrievable breakdown of the marriage—meaning the relationship cannot be saved.

The Process (Uncontested)

1. Consultation: Meet with an attorney to draft a Settlement Agreement and Parenting Plan (if kids are involved).
2. Summons: The Sheriff serves the summons on your spouse.
3. Family Advocate: If there are minor children, the settlement must be endorsed by the Family Advocate to ensure the children's best interests are protected.
4. Court Date: Once papers are in order, a court date is set. Only the plaintiff (person suing) usually needs to appear to give brief evidence.

Regional Court vs. High Court

You can divorce in either. The Regional Court is generally cheaper and faster than the High Court. However, complex estates or international jurisdiction issues may require the High Court.

Division of Assets

This depends on your marital regime:

• In Community of Property: Everything is split 50/50.
• Out of Community (with Accrual): You keep your own assets, but the growth of your estates during the marriage is shared.
• Out of Community (without Accrual): What is yours is yours. No sharing.