Family Law

Divorce

Divorce in South Africa dissolves a civil or customary marriage. The only ground is irretrievable breakdown of the marriage. The Divorce Act governs asset division, maintenance, and children's matters.

Legal Definition

The Divorce Act 70 of 1979 provides for the dissolution of civil marriages. The sole ground for divorce is irretrievable breakdown. The court also deals with forfeiture of benefits, maintenance (spousal and child), and parenting plans. Customary marriages are dissolved under the Recognition of Customary Marriages Act.

📖 Constitutional / Statutory Basis: Section 9 (equality), Section 10 (dignity), and Section 28 (children's rights), Constitution of the Republic of South Africa, 1996; Divorce Act 70 of 1979

Practical Example

After five years of marriage, spouses agree to divorce by consent. They agree on division of assets and a parenting plan for their child, and approach the High Court for a decree of divorce.

Frequently Asked Questions

How long does a divorce take?

An uncontested divorce can be finalised in two to eight weeks. A contested divorce may take months to years.

Do I need a lawyer for divorce?

Not legally required, but strongly advisable — especially with children, property, or pension interests involved.

What happens to pension funds in divorce?

A non-member spouse can claim up to half of the pension interest accumulated during the marriage when the divorce is finalised.

Related Terms

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