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 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 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.
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.
(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.
(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.