How to Get Divorced in South Africa — Civil Marriage
A civil divorce in South Africa is granted by the High Court or Regional Magistrate's Court. You can use an uncontested divorce to save time and cost. Here is exactly how the process works.
FreeSouth African Law3 related guides
Direct Answer
A divorce in South Africa is granted by the High Court or Regional Magistrate's Court under the Divorce Act. Grounds for divorce is the irretrievable breakdown of the marriage. An uncontested divorce (both parties agree on all terms) is far quicker and cheaper than a contested divorce — often finalised in 4–8 weeks.
The law above is general — your case may be different
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“A court may grant a decree of divorce on the ground of irretrievable breakdown of a marriage, if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.”
Divorce Act 70 of 1979
Section 7
“A court granting a decree of divorce may in accordance with a written agreement between the parties make an order with regard to forfeiture of benefits, division of assets, maintenance and custody of children.”
Constitution of South Africa
Section 9
“Everyone has the right to equality, including spouses on dissolution of a marriage.”
What to Do
Step-by-Step Guide
1Establish the ground: irretrievable breakdown. There is no "fault" requirement — you do not need to prove adultery or abuse (though these can be relevant to maintenance and forfeiture claims).
2Try to agree on all terms (custody, maintenance, division of assets/pension) before filing. An uncontested divorce requires a Deed of Settlement signed by both parties.
3Consult an attorney to draft the summons and Deed of Settlement (for uncontested) or to litigate (for contested). Legal Aid can assist qualifying persons.
4The summons is served on your spouse by the Sheriff of the Court. They have 10 days to respond (High Court) or file an appearance to defend.
5For uncontested divorces, once no defence is entered, the court can hear the matter and grant the decree, often in a short hearing where only one party appears.
6Children's issues: if there are minor children, the court must be satisfied that adequate arrangements have been made for their care, contact, and maintenance — even in an uncontested divorce.
What to Say
Exact Words to Use
“"Our marriage has irretrievably broken down and there is no reasonable prospect of restoring a normal marriage relationship. We are agreed on all terms set out in the attached Deed of Settlement. We request that the court grant a decree of divorce."”
Tone: In court (usually read from the summons or stated by your attorney)
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
It depends on your marital regime. In community of property: the estate is split 50/50. Out of community with accrual: each party shares in the growth of the other's estate during the marriage. Out of community without accrual: each keeps their own assets. Check your antenuptial contract.
Can I claim my spouse's pension on divorce?
Yes. Under Section 7(8) of the Divorce Act, a pension interest can be treated as an asset of the marriage and awarded to the non-member spouse. A "pension splitting" order can be made by the court at the time of the divorce.
Get Help Now
Resources & Helplines
Legal Aid SA
0800 110 110
Free legal assistance for divorce for qualifying persons.
Knowing the law is step one. The Advocate has scenarios on Family and Relationships — practise the exact words to use, with audio, law references, and Scripture. Free to start.