Commonly asked questions about divorce in South Africa.
The South African Courts are granting divorces to people on a daily basis. Some divorces were initiated a few weeks ago, and others go back several years. The distinction between couples who obtained a divorce in a matter of weeks and those who waited for years is straightforward. Those who chose to wait a few weeks realised that fighting was futile, and by getting divorced sooner, they could move on with their lives more quickly.
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If your marriage has broken down and you and your spouse agree to get divorced, talk to us about your uncontested divorce options. We guarantee that your divorce will be resolved swiftly and with minimal stress and anxiety.
Here are some frequently asked questions about divorce. If you have any particular questions, don’t hesitate to schedule a consultation with us.
What are the costs of an unopposed divorce?
The costs of an unopposed divorce would vary. That would depend on the law firm and the issues involved. We offer an unopposed divorce at a fixed fee.
What questions to ask when considering divorce?
The most important question to ask when considering divorce is whether your marriage can be saved. If your marriage cannot be saved, then a divorce may be the best thing for you.
What is the requirement for a divorce in Court?
For a court to divorce you, the Court has to be convinced on a few aspects. They relate to the issue or jurisdiction; you are married, and the marriage has broken down irretrievably. If there are minor children involved, the Court would want to be convinced that their best interests are being upheld.
What is the biggest challenge of divorce?
The biggest challenge in divorce is for the parties to accept that their marriage is over.
What not to do when asking for a divorce?
Do not agree on things you may regret later—for example, agreeing to relinquish assets you may want to keep.
What to do before telling your spouse you want a divorce?
Make sure you want a divorce.
What to do before telling your wife you want a divorce?
Make sure you want a divorce.
What is the first step when you want a divorce?
It would be best if you saw a lawyer.
What are my rights as a wife in a divorce in South Africa?
If you were maintained by your husband during the marriage, you may have a right to personal maintenance or alimony.
How do I start a divorce process?
The divorce process starts with a Summons.
How much does divorce cost in South Africa?
It can range from a few thousand rands. You can also do it yourself for free.
How long does a divorce take in South Africa?
I can take a few weeks if it is unopposed or a few years if opposed. It depends on the Court as well. Some courts are very busy.
What is the first step to divorce in South Africa?
It is to institute if at Court.
What is a free divorce in South Africa?
It is where you do not make use of a lawyer. You can do the divorce yourself.
How can I speed up my divorce in South Africa?
Try to settle the divorce.
What happens to the provident fund when you divorce?
If you are married in a community of property, the non-member spouse should receive half.
How much is a wife entitled to in a divorce pension?
If you are married in a community of property, the wife is entitled to half.
How long after divorce can you remarry in South Africa?
Immediately.
Can I claim my husband’s pension after the divorce in South Africa?
Yes, you can.
What is spousal maintenance in South Africa?
It is where your spouse has to continue supporting you after the marriage.
How long does a pension fund take to pay out after divorce?
Usually between two to three months.
How long does it take to get money from GEPF after divorce?
It is best to contact them. However, it is estimated to take about two to three months.
Does GEPF pay a lump sum?
They should pay what the divorce order says.
Who qualifies for GEPF?
A spouse is someone who is married to the member.
How do I claim my spouse’s pension after divorce?
You should claim before the divorce. If after, you must approach the Court.
What are the spousal benefits of GEPF?
You should contact them.
How is the Gepf payout calculated?
You should contact them.
What is the final salary for Gepf?
You should contact them.
How much is a lump sum from the final salary pension?
It will usually be 50 % if you are married in a community of property.
Can my wife claim half of my pension?
Yes.
How is spouse pension calculated?
It is calculated at the value of the divorce.
How can I check my GEPF balance?
Contact them.
What is rule 43 in South Africa for divorce?
It is a procedure in the High Court where you claim child maintenance, custody or contribution towards legal costs pending the divorce finalisation.
Who loses the most in a divorce?
The children, if the parties keep fighting.
Do I have to support my wife after the divorce?
No, unless a court orders you to do so.
What are the stages of divorce for a woman?
There are no specific stages.
How do I decide when to divorce?
If your marriage has broken down and cannot be saved.
What is the number 1 reason for divorce?
Parties are incompatible.
What are the three effects of divorce?
It varies between people.
Who initiates divorce more?
One would have to look at the divorce statistics.
Can a divorce be denied in South Africa?
Yes, it can.
What should I ask myself before divorce?
Can the marriage be saved?
What are the disadvantages of divorce?
You are no longer together as a family unit.
What should you think about before divorce?
Can the marriage relationship be saved?
What to do before telling your spouse you want a divorce?
Speak to a divorce lawyer.
What to do before telling your wife you want a divorce?
Speak to a divorce lawyer.
Why should you never bring up divorce?
You should only bring it up if the marriage has broken down.
What are my rights as a wife in a divorce in South Africa?
You have a right to alimony if you can prove your claim.
What is the pensionable salary?
A salary where the pension is paid.
How is pension calculated?
It would be best if you spoke to your employer.
What is the rule 58 in divorce?
It is where you claim interim maintenance, custody or a contribution towards costs in the magistrates court.
Is everything split 50-50 in a divorce in South Africa?
Only if you are married in a community of property.
What happens to the provident fund when you divorce?
If you are married in a community of property, the non-member spouse will receive half the value as of the date of the divorce.
How much tax do you pay on a divorce settlement in South Africa?
You should speak to an accountant.
What documents are needed for divorce in South Africa?
Marriage certificate for the Court.
How much does it cost to file for divorce in SA?
From free to a few thousand.
What is a free divorce in South Africa?
It is where you do it yourself, or a lawyer does not charge you.
How long does it take to Finalise a divorce in South Africa?
From a few weeks if all is agreed upon to a few years if the parties cannot.
How long after divorce can you remarry in South Africa?
Immediately.
Who should file for divorce first in South Africa?
Any spouse.
Who gets custody of the child in divorce in South Africa?
The parent that can best care for the child.
Child Custody Visitation and Contact[/caption] The Court is the upper guardian of all minor children within its jurisdiction. It, therefore, can override the wishes of the parents. However, the Court has to comply with the Constitution and the Children’s Act. Both pieces of legislation say that the minor child’s best interests must be upheld when it comes to these types of issues. Therefore, the Court would look at all the relevant facts. It would then make a decision as to what is best for the minor child concerned. The Court would look at the Order and whether it has been complied with. Thereafter it would decide whether a change to it would be warranted. The Court is also not obliged to make an order based on what the parents in the case want. It would make a decision as to what it believes is in the minor child’s best interests.