Things do not always go according to plan and same can go for any marriage.
There can be various reasons for disintegration of your marriage between you and your spouse.
Please note that this in only applicable on civil South African marriages. Traditional marriages will be discussed in another article.
Divorces can be classified into contested and uncontested:
| Uncontested Divorce – Predictable to low legal costs – Can take up to 6 months |
| Contested Divorce – Unpredictable legal costs – Can take 2 to 3 years |
Note that contested divorces can change to uncontested as soon as a settlement is reached between the relevant parties.
There are three grounds for divorce in South Africa:
Grounds for Divorce
Mental Illness:
– If your spouse has been admitted as a mental patient to an institution; or
– Detained as a State patient; or
– Detained as a mentally ill convicted prisoner.
– Your spouse has, for a continuous period of at least 2 years immediately prior to institution of the divorce proceedings, not been discharged unconditionally.
Continuous Unconsciousness:
– If sufficient proof unconsciousness lasted for a continuous period of at least 6 months immediately prior to the institution of the divorce proceedings. If the Court is convinced that there is a possibility that the parties may reconcile through counselling, the Court may postpone the proceedings to enable the parties to attempt reconciliation.
Irretrievable Breakdown:
– If sufficient proof is provided to the Court that the relationship between the parties have reached such a state of disintegration that no reasonable prospect of a normal marriage relationship is possible.
*Take note: In South Africa, there is no need to prove either side has fault to the disintegration of the marriage relationship, meaning that you will not in any way be blamed for having an “affair” while still married.
There are various ways to attempt a settlement in the case of a divorce matter:
Settlement Round Table:
– The parties get together in an attempt to settle the matter by mean of a negotiation.
– These negotiations are an attempt in good faith to settle and are thus privileged.
Mediation:
– A neutral third party is appointed to assist the parties in reaching a settlement.
– The mediator facilitates the negotiations and has no authority over the parties.
There is more to divorce than just the above. Maintenance, Pension and Provident Funds, Parental responsibilities and Rights and division of the estate should also be taken into account. Remember that it’s always important to contact your lawyer for advice on your specific situation.