On average, an absolute divorce can cost anywhere from R10,000 to R50,000 or more, with most of the cost being for legal fees. If the parties represent themselves, the cost may be lower, but the process may also be more time-consuming and complex.
How long does a divorce take in South Africa?
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.
How do I divorce a foreigner in South Africa?
The registration of a foreign divorce in South Africa is granted by the Department of Home Affairs (DHA). The registration of foreign divorce in the country, whether in Johannesburg, Cape Town, Durban and Pretoria is vital as the marriage status has to change as the marriage contract has been nullified.
Can I file for divorce online in South Africa?
Divorce does not need to be a difficult process. In South Africa you can apply for divorce papers online through an easy process is both you and your spouse agree to the full terms of an uncontested divorce.
Who pays for the divorce in SA?
Always a significant issue in a divorce case are the legal costs and who must pay. The truth is that if one spouse is unemployed and the other the major breadwinner, the breadwinner at the end of the day will have to pay the costs of both sides, or at least contribute thereto.
Can I divorce my husband without him knowing South Africa?
You do not have to get your spouse’s permission to get a divorce. If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent. In special circumstances you may get your marriage annulled.
Can a divorce be denied in South Africa?
The court still has discretion not to grant a divorce order, and may postpone the proceedings or dismiss the claim if it appears to the court that there is a reasonable possibility that the parties may reconcile through counselling.
How long do you have to be separated before divorce is automatic in South Africa?
Irretrievable breakdown of the marriage
The Divorce Act 70 of 1979 cites certain circumstances that can be classed as causing irreversible damage to a marriage: Separation for a continued period of at least one year.
Does it matter who files for divorce first in South Africa?
No. Filing first does not affect custody decisions. The judge looks at the roles of both parents in the child’s life.
Can I divorce my husband if he is in another country?
It is entirely possible to divorce a spouse who lives in a foreign country, though you might have difficulty if you want child custody or alimony as part of the divorce.
Can I get married while my divorce is in process in South Africa?
Entering into another marriage before your divorce is finalised would therefore render you in a polygamous marriage and the court will view your first marriage as the one in existence. The legal consequences afforded to marriages, and married couples, would only be applicable to the first marriage.
Does getting a divorce affect my permanent resident status in South Africa?
In layman’s terms – as a foreign citizen, your visa/permanent residency binding you to accompany your partner in South Africa will lapse on the date that you are no longer in a relationship of good faith – so in other words, from date of separation.
How long after divorce can you remarry in South Africa?
Furthermore, there is no known set period during which divorced individuals are allowed to remarry. Remarrying does not necessarily imply that the divorce was finalized and you have to obtain the divorce decree, or divorce order, to marry again.
Do you get a divorce certificate in South Africa?
You will need to make an application at the High Court and obtain an original copy from them. The minimum information needed to obtain a divorce decree quickly is the divorce case number and the court in which it took place.
Where can you get the quickest divorce?
Alaska is notoriously fast at finalizing a divorce. Alaska, Nevada, and South Dakota can usually finalize a divorce in just under two months. Of course, each divorce is different and your particular circumstances could cause a delay.
Can you date while separated in South Africa?
Can you date while separated in South Africa? In South Africa, the law does not prohibit one spouse from dating another person after they have been separated.
How much does a divorce lawyer cost South Africa?
South African Divorce Lawyers charge hourly rates of between R800 and R4000 per hour. Unopposed divorces are often charged at fixed prices which varies between R10 000 and R20 000. Divorce Lawyers are not allowed to work on divorce matters on a contingency fee basis.
Does cheating affect divorce settlement in South Africa?
Extra-marital affairs (adultery) or other matrimonial offences may lead to an irretrievable breakdown when one or both of the parties find it impossible to continue a normal marriage relationship as a result thereof, but it is not in itself a stand-alone ground for divorce in South Africa as the fault principle no
How much does a divorce lawyer cost South Africa?
South African Divorce Lawyers charge hourly rates of between R800 and R4000 per hour. Unopposed divorces are often charged at fixed prices which varies between R10 000 and R20 000. Divorce Lawyers are not allowed to work on divorce matters on a contingency fee basis.
How long do you have to be separated before divorce is automatic in South Africa?
Irretrievable breakdown of the marriage
The Divorce Act 70 of 1979 cites certain circumstances that can be classed as causing irreversible damage to a marriage: Separation for a continued period of at least one year.
Can I get married while my divorce is in process in South Africa?
Entering into another marriage before your divorce is finalised would therefore render you in a polygamous marriage and the court will view your first marriage as the one in existence. The legal consequences afforded to marriages, and married couples, would only be applicable to the first marriage.
Can a divorce be denied in South Africa?
Our law recognises the spouses’ rights to choose whether to stay in marital relationships. Consequently, this means that a spouse may not ‘lock’ their spouse in a marriage against their will by not participating in divorce proceedings nor refusing to consent to the divorce.