Divorce is an emotional and difficult time for any couple, and navigating the legal process can seem daunting. In South Africa, divorces are governed by the Divorce Act, 70 of 1979, and it's important to understand the steps involved before proceeding.
Step 1: Find A Divorce Lawyer
The first step is to find a reputable divorce lawyer to guide you through the process. It's essential to choose a lawyer who specializes in divorce law and has experience in dealing with cases similar to yours. You can search for divorce lawyers in your area online or through referrals from friends and family. Once you have chosen a lawyer, they will assist you in filing the necessary papers and represent you in court if necessary.
Step 2: Grounds For Divorce
South African law recognizes two grounds for divorce: irretrievable breakdown of the marriage and mental illness or continuous unconsciousness.
Irretrievable Breakdown Of Marriage
This is the most common ground for divorce and refers to a marital relationship that has completely broken down. You must prove that the relationship has broken down irretrievably and there's no chance of reconciliation. This can be done through adultery, abuse, or other factors that have caused the breakdown.
Mental Illness Or Continuous Unconsciousness
This ground for divorce applies when one spouse is suffering from a mental illness or has been unconscious for an extended period of time, making it impossible to continue the marriage.
Step 3: Mediation
Before filing for divorce, couples in South Africa are required to attend mediation. Mediation is a voluntary process that provides couples with the opportunity to resolve issues and come to a mutual agreement. A mediator will assist you in reaching an agreement on matters such as child custody, spousal maintenance, and division of assets. If the couple cannot reach an agreement, the mediator will provide a certificate of completion, which is required when filing for divorce.
Step 4: Filing For Divorce
Once mediation is complete, the divorce papers can be filed. This involves completing a summons with the necessary details, including the grounds for divorce, and serving it to your spouse. Your divorce lawyer will assist you in completing the necessary documents and ensuring that they are served correctly.
Step 5: Court Proceedings
After the papers have been filed and served, a court date will be set. The court will then decide on matters such as child custody, spousal maintenance, and division of assets. Your divorce lawyer will represent you in court and provide evidence to support your case.
Step 6: Finalization
Once the court has made a ruling, the divorce will be finalized, and a decree of divorce will be issued. This decree is the formal document that ends the marriage. It's important to note that you can only remarry once the decree of divorce has been issued.
Conclusion
Applying for divorce in South Africa can be a lengthy and emotional process, but with the right legal guidance, it can be made easier. Remember to choose a divorce lawyer who specializes in divorce law and has experience in dealing with cases similar to yours. Be prepared to attend mediation and provide evidence to support your case during court proceedings. Ultimately, with the right approach, you can navigate the legal process and move forward with your life.
