How are assets divided in a divorce in South Africa?
Upon divorce, the assets of the joint estate as at the date of divorce will be divided equally between the parties, unless a spouse claims forfeiture and the court grants such a forfeiture order. A forfeiture order cannot be granted automatically and must be specifically requested in the summons.
What does the South African law say about divorce?
In South Africa, we have a ‘no fault’ system of divorce, meaning that a divorce will be granted if one of the parties believes that there has been an ‘irretrievable breakdown of the marriage relationship’ and that there are no reasonable prospects of restoring it.
What are grounds for divorce in South Africa?
Prior to the coming into operation of the Divorce Act in South Africa on 1 July 1979, a decree of divorce could be granted by the court either on one of the two common-law grounds, adultery or malicious desertion, or on one of the two grounds introduced in 1935 by the Divorce Laws Amendment Act: incurable insanity for …
How do I get a divorce in South Africa?
You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court.
Can you legally separate from your husband in South Africa?
Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. According to the law, you are still married. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court.
How do you legally end a marriage in South Africa?
Legally, couples can walk away from their marriage by ending it through a divorce. The law acknowledges different types of marriage in South Africa, and the divorce process and consequences depend on how a couple got married: Civil marriages, civil unions and customary marriages can only be dissolved by a South African court.
Are more married couples getting divorced in South Africa?
Every year, dreams of marital bliss are shattered as more and more married couples call it quits and are getting divorced in South Africa. In fact, the latest statistics released by StatsSA indicate that fewer lovebirds are tying the knot and an increasing number of couples end up in divorce court.