No-fault divorce filing

FAQ for No-Fault Divorce Filing

What is a no-fault divorce?

A no-fault divorce is a type of divorce where the spouse who is filing for divorce does not have to prove that the other spouse is at fault for the breakdown of the marriage. In South Africa, this type of divorce is called an uncontested divorce.

How do I file for a no-fault divorce?

To file for a no-fault divorce, you will need to complete a summons and a particulars of claim form. These forms can be obtained from a court or online. You will also need to pay a filing fee.

What are the requirements for a no-fault divorce in South Africa?

To file for a no-fault divorce in South Africa, you must meet the following requirements:

• You and your spouse must have been separated for at least one year.
• There must be no reasonable prospect of reconciliation.
• You and your spouse must agree on the terms of the divorce, such as division of assets and custody of children.

How long does it take to get a no-fault divorce in South Africa?

The length of time it takes to get a no-fault divorce in South Africa depends on various factors, such as the backlog of cases in the court system and how quickly you and your spouse can agree on the terms of the divorce. On average, it takes about three to six months to finalize a no-fault divorce in South Africa.

Do I need a lawyer to file for a no-fault divorce?

You do not need a lawyer to file for a no-fault divorce in South Africa. However, it is recommended that you seek legal advice before filing to ensure that you understand your rights and obligations.

What happens after I file for a no-fault divorce?

After you file for a no-fault divorce, your spouse will be served with the summons and particulars of claim. Your spouse will then have a chance to respond to the claim. If your spouse agrees to the terms of the divorce, the divorce can be finalized without a court hearing. If your spouse disputes the claim, a court hearing will be scheduled.

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, you may need to attend mediation or a court hearing to resolve the dispute. It is recommended that you seek legal advice if you are unable to reach an agreement with your spouse.

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:

1. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
2. Law Society of South Africa: https://www.lssa.org.za/