The Divorce Process in South Africa

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Martin Vermaak Attorneys Podcast

News & Politics


The divorce process in South Africa follows a legal framework outlined in the Divorce Act of 1979. It involves several key steps. Firstly, one of the spouses must initiate the process by lodging a summons with the court. Grounds for divorce include irretrievable breakdown of the marriage, which can be demonstrated through factors such as adultery, abuse, or prolonged separation. The court then considers factors like child custody, visitation rights, and the division of assets and liabilities. Parties may choose to resolve these matters through negotiation, mediation, or litigation. Once an agreement is reached or a court order is issued, the divorce is finalized, and a decree of divorce is granted. It's important to consult with a qualified divorce attorney to navigate this process effectively.