Most South Africans divorce inside of the first five to nine years of relationship and most of people are initiated by women.

The most common motive sited for divorce in South Africa is simply that the partners drift apart, adopted closely by drug and liquor abuse (cocaine use currently being commonplace), bodily abuse and unemployment.

More just lately, data display that fiscal troubles are coming to the fore in most divorce instances filed for the latter fifty percent of 2007 early 2008 although infidelity and absence of communication are cited much less.

Dissolving Marriages

As in most nations around the world, married partners can dissolve their relationship via divorce leaving the parties to remarry legally again at a afterwards day. The approach is dependent on the position of the relationship. In South Africa that is commonly a civil marriage – in local community of house or out of group of residence. Some South African marriages are also customary marriages.

A civil relationship can be dissolved in accordance to the Divorce Act. Customary marriages are dissolved according to civil law but also in accordance to personalized and tradition.

Addressing the Concerns

Just before petitioning for divorce, glimpse closely at your solutions:

* Can you reconcile?

* Do you have to have a law firm?

* Can you agree an asset break up?

* Maintenance and custody of the small children?

* What about alimony?

* What are the prices?


Most good lawyers will advise the petitioner to request counselling and investigate reconciliation prior to filing for divorce as the methods can be lengthy and pricey if both get-togethers are not in agreement.

There are several avenues to abide by in regard to reconciliation. FAMSA give an excellent counselling and arbitration services to couples struggling with divorce.

Deciding upon a law firm

A petitioner requires to question initially and foremost if a attorney is needed? If a few is in arrangement pertaining to continuing with a divorce then the petitioner can file for divorce at the community court for a cost of R120, a duplicate of your relationship certification, a duplicate of your ID and your done divorce papers.

If a few can not concur on the issues of the divorce then it is highly recommended to request lawful guidance but bear in brain that each individual divorce scenario is diverse. Question your legal professional on their specialisations, their tactic to divorce – is it tactical or aggressive? Most importantly, inquire them to define their payment structure in full upfront.

Can you agree?

If the pair can concur on asset split, maintenance and custody of minors then submitting at the regional courtroom is the easiest possibility. Usually a 50:50 break up is awarded by the courtroom in any case so preventing up front only prices you cash. Sit down and be sensible. You the two have to commence above and what you eliminate in lawful fees could be put to improved use.

If you can agree, attract up the agreement and the two indication it and have it witnessed and connect it to your divorce petition. (Settlement)

Custody of the insignificant small children

Custody have to be agreed prior to a courtroom will grant a divorce. Think about what is best for your children rationally. In most occasions the lady is generally granted custody having said that it is not unusual for a couple to concur that custody be granted to the father. In African Customary Law the father commonly continues to be the childrens all-natural guardian.

Irrespective of custody, routine maintenance and visitation is required to be agreed upon and wherever a pair cannot or will not concur the courtroom will choose bearing in brain that all mom and dad have a obligation to aid their children together with all illegitimate children.

Routine maintenance concerns can be resolved to the Servicing court docket after the divorce is finalised.


It is exceptional in South Africa that Alimony is awarded except the husband or wife can demonstrate that they are incapable of earning a living as they have been a residence-wife or husband/mother or father since the inception of the marriage and have no noticeable signifies of guidance.

Alimony is commonly agreed by the pair for a set period of time and taken into account with the settlement arrangement.

The fees

Acquiring divorced can be very costly. It is sensible to petition for divorce your self by way of the area magistrates courtroom to preserve charges at a bare minimum. Agreeing the settlement, custody and servicing upfront is the greatest alternative in South Africa as it negates the need to have for an legal professional and authorized costs.

Figures produced a short while ago showed that the divorce fee final calendar year was the least expensive yet, and analysts say economic uncertainty has created unhappily married couples unwilling to portion strategies. Couple couples divorce during tough financial occasions mainly because attorneys charges are only far too highly-priced, generally resulting in further more financial difficulties for the few as they enter their new life.

Ideal Selections

Go to your community magistrates court and ask for their assistance. It is realistic and just as productive.

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