Getting Divorced – westerncape.gov.za

Married couple can end their marriage through divorce. The process of the divorce depends on the type of marriage:

• Civil marriages are dissolved according to the rules in the Divorce Act.

• Marriages in terms of African Customary Law are dissolved according to the civil law but some of the consequences are determined by custom and tradition.

• Muslim and Hindu marriages are dissolved in terms of the rites and rituals of the religion.

There are a number of issues that need to be addressed in a divorce, including: 

• custody of the children

• access to the children

• maintenance

• dividing up property

Extract above from westerncape.gov.za

HOW TO GET A DIVORCE IN THE HIGH COURT OR FAMILY COURT - Family and Marriage Society of South Africa

STEPS TO A D-I-Y DIVORCE

• The Summons

• The Particulars of a Claim

•  

• The Statistics of Divorce Form

• Annexure A

• Serving the Summons

• The Consent Paper / Deed of Settlement

•  

• The Notice of Set Down

A DIVORCE WITH LEGAL ASSISTANCE

HOW TO GET DIVORCED

Extract from familylife.co.za

DIVORCE INFORMATION – Family Law Clininc

• PRIMARY CARE OF THE CHILDREN

• CONTACT WITH THE CHILDREN

• MAINTENANCE

• DIVISION OF PROPERTY

• DISSOLVING A CIVIL MARRIAGE

• THE DIVORCE PROCESS

• DISSOLVING A MARRIAGE IN TERMS OF AFRICAN CUSTOMARY LAW

• DISSOLVING A MARRIAGE IN TERMS OF THE MUSLIM AND HINDU RELIGIONS

Extract from familylawclinic.org.za

The Divorce Process in South Africa – DivorceLaws.co.za

There are typically two types of divorces, the contested or opposed divorce and the uncontested or unopposed. The latter type of divorce is the best and most cost effective for all parties concerned. An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.

Uncontested divorces

• Default divorces

• Do-it-yourself divorces

• Mediation

• Round-table meetings

• Collaborative divorces

• Collaborative divorces

Contested Divorces

The contested divorce process consists of various stages:

• pleadings

• application for and set down of trial date

• discovery of documents

• further discovery and particulars

• pre-trial conference

• trial

• judgment

Extract above from divorcelaws.co.za

The Grounds for Divorce in South Africa

A marriage may be dissolved by a court on the following grounds:

• the irretrievable breakdown of the marriage; or

• the mental illness, or the continuous unconsciousness, of a party to the marriage.

Extract above from divorcelaws.co.za

A guide to divorce and separation in South Africa - DivorceLaws.co.za

A guide to divorce and separation in South Africa Click on any of the headings below to read more:

• Cohabitation and Living Together

• The Law of Engagement

• Formalities for Marriages

• The Children's Act 38 of 2005

• Sharing Parental Rights

• Relocation and Child Abduction

• Unmarried Parties and Children

• Important Aspects of Divorce

• Matrimonial Property Regimes

• Divorce and Pension Funds

• The Divorce Process in South Africa

• Maintenance and Financial Support

• Domestic Violence and Abuse

• Emotions During Divorce

• Rebuilding your Financial Life

• Same Sex Partners

• Paternity Disputes

• Interim Maintenance and Rule 43

• Adultery and Suing a Third Party

• Family Law Legislation

• Family Law Links

• Family Law Matters

• Divorce Counselling

• Divorce and Child Therapy

Extract above from divorcelaws.co.za