060 353 4448 jan@jcpretorius.co.za

Divorce Law South Africa

Divorce Law South Africa

Do you want to get divorce, but you feel overwhelmed by the divorce law in South Africa. What to expect, how long going to take and the emotional impact going to have on you.

The Divorce law in South Africa can be complex with a lot of legislation to take into account when you want to get divorced.

You have many questions and a few answers, and feel trapped in your current situation.

We have all the answers for you and will assist you with your divorce to have a minimal effect on you and your family.

We have different options available for you and are always available for advice to assist  you and guide you through the divorce process and divorce law.

Divorce Law and directive South Africa – Options

Divorce Law South Africa

We can assist you with any of these options in a cost effective and fast way to get divorced.

We will assist you with all the aspects of the current divorce law in South Africa and provide you with the best solution for your situation.

You will be able to complete forms online, with personal services to finalise your divorce in the quickest way possible.

The Divorce regulations in South Africa

Divorce regulations South Africa

The backlog in cases was somewhat lessened when the Regional Courts Amendment Act come into effect in 2010, so as to allow regional divisions to also deal with divorce matters. The divorce law in South Africa changed a lot to make access to the courts more available to the public.

Rules on Divorce

There are many rules on divorce matters that you have to take into consideration. Therefore, your marrriage agreement may influence the divorce process. Hence, if you are married in communty of property your shared property will be divided equally between the parties.

Forfeiture of patrimonial benefits of marriage (Section 9)

(1) When a decree of divorce is granted on the ground of the irretrievable breakdown
of a marriage the court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other, either wholly or in part, if the court, having regard to the duration of the marriage, the circumstances which gave rise to the breakdown thereof and any substantial misconduct on the part of either of the parties, is satisfied that, if the order for forfeiture is not made, the one party will in relation to the other be unduly benefited.
(2) In the case of a decree of divorce granted on the ground of the mental illness or continuous unconsciousness of the defendant, no order for the forfeiture of any patrimonial benefits of the marriage shall be made against the defendant.

Divorce law Section 7

(7)(a) In the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall, subject to paragraphs (b) and (c), be deemed to be part of his assets.
(b) The amount so deemed to be part of a party’s assets, shall be reduced by any amount of his pension interest which, by virtue of paragraph (a), in a previous divorce

(i) was paid over or awarded to another party; or
(ii) for the purposes of an agreement contemplated in subsection (1), was accounted in favour of another party.
(c) Paragraph (a) shall not apply to a divorce action in respect of a marriage out of community of property entered into on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.

Divorce Law South Africa – Acts to download


Download “Divorce Act” DIVORCE_ACT-70_OF_1979.pdf – Downloaded 8 times – 132 KB



Download “Act 31 of 2008” JURISDICTION_OF_REGIONAL_COURTS_AMENDMENT_ACT-31_OF_2008.pdf – Downloaded 11 times – 110 KB


Download “Pension Funds Act 24 of 1956” PENSION_FUNDS_ACT-24_OF_1956.pdf – Downloaded 1 time – 347 KB


Download “Childrens Regulations” childrens_regulations_gg_20100401_ii_1-1.pdf – Downloaded 5 times – 2 MB



Download “Matrimonial Property” matrimonial_property_act_88_of_1984-1.pdf – Downloaded 4 times – 73 KB



Divorce law in South Africa

Complete short form here and we will get back to you as soon as possible. With the best option to take. Therefore to get your divorce finalised in terms of the divorce laws of South Africa.


Personal Information

  • Best Option

Personal Information





City/Town you are residing

Divorce Information

Do you have minor Children

Do you have Immovable property

Will you and your spouse be able to settle the terms of the divorce

Spouse information

Do you know the Address of your Spouse

Does your spouse live in South Africa

Any info you want to add