Every couple has their reasons for wanting to end their marital covenant.
To do it right, it’s crucial that you know how to get a divorce in South Africa.
Separation is not legal in Mzansi, which means divorce is the only way out.
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Read on to find out aboutthe process, divorce lawyers cost, among other things.
Different procedures are followed for opposed and unopposed cases.
First, the sheriff of the court needs to serve a summon to your partner (the defendant).
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The summon should state that the matrimonial relationship has no hope of restoration due to the irretrievable breakdown.
There should also be a division of estate provision and what should be done regarding adopted or biological kids.
This choice has reduced expenses, saves time, and causes less emotional distress.
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If you have kids, you need an endorsement from a Family Advocate.
As the plaintiff, you will then appear in court on the set date to finalize the process.
It is also possible for partners to seek mediation services before they can institute any legal action.
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Having an agreement before going to court simplifies the process.
Theamountyou spend depends on several aspects.
If partners agree on the terms, the amount can range somewhere between R7,000 and R10,000.
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If one partner contests, the amount rises.
Contested divorce proceedings take a long time to be resolved, unlike uncontested ones, which take few weeks.
This means that you have to pay your lawyer more, most of whom take around R2,000 per hour.
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Court hearings will also cost you a considerable amount of cash.
Other additional expenses come about as a result of the divorce, including the following.
If out of community, each partner has their separate estates.
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However, the court has the power to decide otherwise, depending on the prevailing conditions.
Alimony or spousal maintenance in South Africa is also taken into consideration.
The court may also grant the order if there is an existing settlement agreement between the partners.
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You should also remember that no partner has automatic rights to get alimony unless there is strong supporting proof.
Who pays for a divorce?
The court decides what is just in terms of who takes care of the costs.
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The winning party may be awarded (in most cases) the costs or divide it between the parties.
At times the judge can decide to offer free divorce without awarding fees.
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How long does a divorce take in South Africa?
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If your partner does not oppose the process, it takes around four weeks.
Contested cases can take up to three years unless settled before trial.
How can I get a divorce without a lawyer in South Africa?
If you wantthe processto be cheaper, you better cut off some expenses, including not having divorce lawyers.
You only have to get the required forms and some guidance from the magistrates court.
The court willdecideif they follow the community laws or the equitable distribution property laws.
What is the fastest way to get a divorce in South Africa?
Doing it without opposition is the fastest way out.
How can you obtain free divorce South Africa?
DISCLAIMER:This article is intended for general informational purposes only and does not address individual circumstances.
Any action you take upon the information presented in this article is strictly at your own risk and responsibility!
There may be information in this article that was paid for.
Recognized for her exceptional talent, she clinched the Writer of the Year Award.
Beyond her professional endeavours, Alice is an engaged member of the Rotaract Club of Kabete.
For inquiries, reach out to her at alicenjoro01@gmail.com
