It is undeniable that the rate of divorce is soaring in South Africa.  Recent studies done on divorce by StatsSA shows that fewer couples are getting married and an increased number in divorces. If you unfortunately find yourself in a marriage that is beyond saving and a divorce is the only option, this article will give you some guidelines regarding the steps involved with a divorce.

Types of Divorce

There are 3 types of divorce.  Depending on the type of divorce, it will give you an idea of what the process and timeline will be for each type of divorce.

Uncontested Divorce

An uncontested divorce is the cheapest, quickest, and least stressful.  The divorce terms are agreed to by both spouses.  Uncontested divorce proceedings can be finalised in a few weeks.

Mediated Divorce

A mediated divorce is more costly, take longer and are more stressful.  Mediated divorce proceedings occur when the spouses are unable to agree to a divorce settlement and must employ an attorney and/or professional mediator to negotiate an agreement.  It can take up to 3 months to finalise the divorce.

Contested Divorce

A contested divorce is the costliest, most time consuming and stressful.  Contested divorce proceedings occurs when spouses are unable to agree to the terms and conditions of the divorce.  In this case, both spouses appear in court multiple times and the court must decide the terms of the divorce.  These proceedings can take up to 3 years or longer to resolve.

How to Get A Divorce

A basic step-by-step guide to get a divorce in South Africa.

1.   Start the divorce proceedings

Through the Sheriff of the court, a summons must be served from one spouse to the other.  The summons explains the reason for the divorce, what is expected, any custody arrangements, property maintenance and the other spouse’s rights and responsibilities regarding the divorce.  The divorce summons contains the details of the marriage, spouses, children, and reason for divorce.

2.  Serve notice of intention to defend summons

If the receiving spouse does not agree to the proposal or details of the summons, he or she can serve a notice of intention to defend the summons within 10 days.  The other spouse must then serve and file a plea within 15 days after the notice to defend is served. A settlement agreement is set up and made an order of the court once both spouses agree to the proposals.

3.  If the summons is ignored

In the event of the summons being ignored by one of the spouses, the court can still grant the divorce.  A decision will be made by the court on behalf of the absent spouse and grant the divorce according to the terms stated in the summons.  These are the three simple steps for a divorce process, however, if the divorce is contested, the divorce case can continue for some time, up to 3 years.

Other Factors to Consider in a Divorce

Custody and Visitation of Children

Custody and visitation arrangements must be agreed upon when children were born from the marriage.  If both spouses cannot find common ground, the court will make a decision that is in the child or children’s best interest.  The final settlement agreement must be referred to the Family Advocate for validation.

Child Maintenance

Both parents are legally responsible to support their children.  In the event where a couple cannot agree on the maintenance order, the court will decide what is reasonable.  If one parent cannot come to an agreement, it is advised to take the matter to the Maintenance Court.  This option may reduce costs and speed up the divorce proceedings.

Dividing Property

During divorce proceedings, all property, debt, and assets must be divided between the spouses.  If an agreement cannot be made, their belongings and debt will be divided according to the marital rule they married into.  It is advised to seek professional legal assistance as this process can be complicated.