Legal Q&A

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.

Free South African Law

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.

What the Law Says

Your Legal Foundation

Divorce Act 70 of 1979

Section 4

“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)

Common Questions

Frequently Asked Questions

How is our house divided on divorce?

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.
Family Advocate's Office

Via Department of Justice

Mediation and children's issues in divorce.

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