Divorce process
What are the main steps in a South African divorce?
- Establish the marriage and court position.Confirm the marriage certificate, matrimonial property regime, any antenuptial contract and the court with jurisdiction.
- Identify every issue that must be decided.Children, maintenance, property, debts, pension interests, costs and other relief should be separated into agreed and disputed items.
- Prepare and issue the divorce summons.The summons sets out the relief claimed and must be issued in the appropriate court.
- Serve the summons lawfully.Service must comply with the applicable court procedure. Informal delivery or a private message is not a substitute for required service.
- Proceed as agreed or defended.If the material terms are settled, the matter may proceed as uncontested. If a spouse defends or material disputes remain, pleadings and further defended steps follow.
- Deal with children and financial consequences.The court must be satisfied about relevant arrangements for children, while the financial outcome depends on the marriage regime, claims, evidence and settlement terms.
- Obtain the decree and implement it.After the decree, further steps may still be required for property transfers, pension implementation, maintenance or changes to wills and beneficiary arrangements.
Where can a divorce be issued?
The Divorce Act provides jurisdiction where either spouse is domiciled in the court’s area when the action is instituted, or where either spouse is ordinarily resident there and has been ordinarily resident in South Africa for at least one year immediately before the divorce starts. The correct court should be confirmed before issuing.
What is an uncontested divorce?
An uncontested divorce is not simply a divorce where both spouses say they want to separate. The material terms should be sufficiently resolved for the court papers and settlement to reflect the actual agreement, including children, maintenance, property, pension interests and debts where relevant.
Read our uncontested divorce attorneys page for the service route or the uncontested divorce guide for a focused checklist.
What happens in a contested divorce?
A divorce becomes defended where a spouse opposes the relief sought or material issues remain unresolved. The matter may require further pleadings, disclosure of financial and other records, interim applications, negotiation, Family Advocate involvement and trial preparation.
If divorce papers have already been served, note the date and obtain advice promptly. Informal settlement discussions do not by themselves stop procedural deadlines. See our contested divorce attorneys page. Where temporary financial or parenting relief is required in a High Court matter, see our Rule 43 interim-relief guide.
How are children dealt with?
Where children are involved, the practical questions include care, contact, decision-making, schooling, holidays, communication, travel and financial support. The Office of the Family Advocate may conduct enquiries and make recommendations concerning the welfare and best interests of minor or dependent children in appropriate divorce proceedings.
Depending on the issues, the divorce may link to a parenting plan, care and contact arrangements and maintenance. For a focused child-centred explanation, see divorce with children in South Africa.
What happens to property and pension interests?
The answer depends on the applicable matrimonial property regime, any antenuptial contract, the assets and debts, and the relief claimed or agreed. Pension interests can require precise wording and fund information. A property awarded or sold under a divorce order may still require a separate conveyancing transfer.
Read the focused guides on property and the family home in divorce and pension interests in divorce.
How much does a divorce cost?
There is no responsible single price for every divorce. Cost depends on whether the matter is agreed, the documents already available, children, property and pension issues, the amount of negotiation required and whether defended applications or trial preparation become necessary. Sheriff, advocate, expert or property-transfer expenses may be separate from attorney fees.