Anyone can experience the pain of divorce at some point in their life. Those who enter into marriage usually hope for an eternal union, where death can only separate them. Unfortunately, that doesn’t always happen. Therefore, what are the legal grounds for divorce in South Africa?
In contrast to annulment, dissolution of marriage is somewhat complicated.
In South Africa, divorce involves property distribution, child custody, spousal maintenance, and visitation rights. A couple can only dissolve their union under certain conditions according to the Divorce Act of 1979.
Irretrievable breakdown
Divorce in South Africa is primarily caused by irretrievable breakdown of marriage. An irretrievable breakdown of a marriage is irreparable. In this stage, a couple may not be able to cohabit due to irreconcilable differences, but note that divorce is not based on fault. The Divorce Act of 1979, for example, lists the following as reasons for dissolution of marriage:
- Assault, cruelty, or domestic violence:
- Malicious dissertation:
- Adultery:
- Living apart for more than one year:
- Mental illness:
- Alcoholism or drug addiction:
- Habitual criminal and imprisonment:
Incurable mental illnesses
South Africa also experiences marriage dissolutions due to mental illness. In any case, the plaintiff must demonstrate to the court that the defendant’s mental illness cannot be cured. The following grounds can be used by the court to prove insanity in South Africa:
Under the Mental Health Act, the defendant may be held in a state mental hospital or another institution specified by the Minister of Correctional Services.
Over two years of continuous confinement for the defendant.
The defendant must be certified mentally ill by two psychiatrists and there is no reasonable prospect for recovery. In order to evaluate the defendant, one of the psychiatrists is appointed by the court.
Continuous unconsciousness
Family Law in South Africa recognizes continuous unconsciousness as a ground for dissolution of marriage. You can seek judicial separation in South Africa if your spouse has been unconscious for more than six months due to a physical disorder.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
