A divorce action is instituted by the issuing of a summons. 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 serve a Summons. A divorce summons is unique in that it must be served personally on the other party by the sheriff of the court.
The uncontested or unopposed 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.
In South Africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the 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. Therefore, a marriage can be dissolved even if one of the parties does not wish to get divorced.
A divorce action is initiated through the issuance of a summons. Individuals may file for divorce in either the Regional Court or alternatively in the High Court.
To commence the divorce proceedings, it is necessary to serve a Summons. Notably, a divorce summons, in terms of South African law, must be delivered personally to the other party by the court's sheriff.
The uncontested or unopposed divorce is often regarded as the most favorable and cost-effective option for all parties involved. Such a divorce can be concluded in as little as four weeks.
Conversely, a contested divorce may extend over a period of two to three years, although many contested cases are resolved prior to reaching trial.
In South Africa, the division of assets upon the dissolution of marriage is influenced by the marital regime of the parties, with the relevant assets being those present at the time of divorce.
We operate under a 'no fault' divorce system, which allows for the granting of a divorce if one party asserts that there has been an 'irretrievable breakdown of the marriage relationship' and that there are no reasonable prospects for reconciliation.
Consequently, a marriage may be dissolved even if one party is opposed to the divorce.