The dissolution of a marriage (divorce) is the process of terminating a marriage.
The responsibilities of the marriage also need to be consider during the divorce process which involve;
The division of property/assets
Legal grounds for divorce in South Africa:
Namely the:
In the past, only the High Court could deal with divorce cases, but in 2010 the Act was amended to included Regional Courts as well.
The divorce process is initiated by the issuing of a summons. A divorce summons is required to be served personally by the Sheriff of the court on the defendant.
During the divorce process, a court has jurisdiction if one or both parties are:
• Domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
• Ordinarily a resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
Divorce has two types:
An uncontested divorce is when a couple agree to get a divorce by signing a divorce settlement agreement.
This settlement agreement will outline different issues related to their marriage. For example, how much maintenance to pay, access and custody of children, and how the assets of the marriage will be split.
An uncontested divorce is significantly faster than a contested one, typically finalizing within 4 to 6 weeks, whereas a contested divorce can take 2 to 3 years.
This efficiency also makes it more cost-effective. Additionally, resolving matters amicably reduces emotional strain, allowing both parties to move forward with their lives more easily.
A contested divorce occurs when a couple cannot agree on the terms of their divorce and take the matter to court, allowing a judge to decide on asset division and child custody.
While uncontested divorces are often preferred, some situations require litigation, especially when dealing with a combative spouse.
Although contested divorces can be costly, they may offer better financial outcomes in the long run and allow individuals to stand up for their rights and principles.
