Frequently asked questions about divorces in South Africa

Q:        WHAT IS A DIVORCE IN SOUTH AFRICA?

A:        A divorce in South Africa refers to the legal dissolution of a marriage by a court. 

Q:        WHO CAN GET DIVORCED IN SOUTH AFRICA?

A:        Anyone with a legal marriage under civil or customary law in South Africa can get divorced. 

Q:        WHAT HAPPENS IF I WAS MARRIED IN TERMS OF CUSTOMARY LAW BUT NEVER REGISTERED THE MARRIAGE AT HOME AFFAIRS?

A:        If you were married according to customary law but never registered the marriage at Home Affairs, you can still get divorced. Failure to register a customary marriage does not affect its validity. For more information, please refer to this resource: https://bregmans.co.za/2020/06/02/must-a-customary-marriage-be-registered-to-be-valid/ 

Q:        WHAT HAPPENS IF I DON’T WANT TO GET DIVORCED BUT MY SPOUSE DOES?

A:        In South Africa, the Divorce Act allows for a "no-fault" divorce, meaning that neither party needs to be held responsible for the end of the marriage. If one spouse wants to get divorced, you can try to defend the divorce on the basis that it has not broken down, but the court will likely still grant the divorce. 

Q:        I WANT TO GET DIVORCED, NOW WHAT?

A:        If you want to get divorced, you need to have a summons issued either by a Regional Court in your area or the High Court. The summons must be served on your spouse by the sheriff. There are other considerations you should think about. For more details, please visit this resource: https://bregmans.co.za/2023/04/20/the-divorce-process-in-south-africa/. We highly recommend consulting with a specialist attorney to assist you with the process. 

Q:        WHAT ARE THE COSTS INVOLVED?

A:        The costs involved in a divorce in South Africa depend on various factors, including whether the divorce is opposed or unopposed (i.e., if a settlement has been reached) and whether you are going through the Regional Court or High Court. The costs can also vary based on your attorney. At Bregman Moodley Attorneys, we provide comprehensive cost estimations tailored to your specific needs and desired outcomes. We accept payment terms. 

Q:        WHY SHOULD I USE THE SERVICES OF BREGMAN MOODLEY ATTORNEYS TO ASSIST WITH MY DIVORCE? 

A:        Bregman Moodley Attorneys has over 50 years of experience in assisting clients with family law matters, including divorce. Our specialist attorneys are highly skilled and experienced in divorce cases, and we strive to ensure the easiest, quickest, cheapest, and most stress-free process from start to finish.