Divorce and dissolution of marriage

FAQ for Divorce and Dissolution of Marriage

What is the difference between divorce and dissolution of marriage?

In South Africa, there is no difference between divorce and dissolution of marriage. Both terms refer to the legal process of ending a marriage.

What are the grounds for divorce?

In South Africa, there is only one ground for divorce, which is the irretrievable breakdown of the marriage. This can be proved in one of three ways: adultery, abuse, or irreconcilable differences.

How long does it take to get a divorce in South Africa?

The length of time it takes to get a divorce in South Africa varies depending on the complexity of the case and how quickly the parties can agree on the terms of the divorce. On average, it takes between 4 and 8 months to finalize a divorce.

Do I need a lawyer to get a divorce?

While it is not required by law to have a lawyer to get a divorce, it is highly recommended. A lawyer can help you navigate the legal process and ensure that your rights are protected.

How is property divided in a divorce?

In South Africa, property is divided according to the principles of equitable distribution. This means that each party is entitled to a fair share of the marital property, which may not necessarily be an equal share.

What happens to the children in a divorce?

The best interests of the children are always a top priority in a divorce. The court will consider factors such as the children's age, health, and educational needs when making decisions about custody and visitation.

Can I change my mind after filing for divorce?

Yes, it is possible to reconcile with your spouse and withdraw your divorce petition at any time before the divorce is finalized. However, once the divorce is finalized, it cannot be reversed.

What happens if my spouse and I cannot agree on the terms of the divorce?

If you and your spouse cannot agree on the terms of the divorce, the court will make the final decision. This may involve a trial, where both parties present evidence and arguments to support their positions.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩
   , Divorce lawyers in South Africa handle legal matters related to the dissolution of marriages and the associated legal issues such as spousal support, child custody, and division of assets. Divorce law in South Africa is primarily governed by the Divorce Act of 1979. This act provides the legal framework for divorce proceedings and the resolution of related matters. The Law Society of South Africa, along with its provincial branches, oversees and provides guidance to divorce lawyers. To find more information about divorce law and the Law Society of South Africa, you can visit the following links:
5. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
6. Law Society of South Africa: https://www.lssa.org.za/