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.

Our unopposed divorce service

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.  

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.

Our unopposed divorce service

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.

 

Related Post

Are you intending on taking someone to court? Have you been sued? Do you require some basic advice on litigation from an experienced advocate? If you answered yes once, this article is for you.

Picture outside the Western Cape High Court in Cape Town [caption id="attachment_8243" align="alignleft" width="412"]Advocate Muhammad Abduroaf Advocate Muhammad Abduroaf outside the Western Cape High Court[/caption] We asked
Advocate Muhammad Abduroaf to provide our readers with some simple and basic information on how to conduct themselves in court litigation. He holds a decade and a half of litigation experience. Who better to ask than him? Learn more about Advocate Muhammad Abduroaf by reading the article, ADVOCATE OF THE HIGH COURT OF SOUTH AFRICA. Advocate Muhammad Abduroaf: I appeared in court countless amount of times for clients I represented. Furthermore, I drafted thousands of legal documents for them. This I did for litigants as they obviously do not have the necessary skills and experience to do it themselves. Often when a client meets with me, he or she will say this is the first time they have been introduced or embroiled in a legal matter. They are initially a bit anxious and do not know what to expect. Luckily for them, they are legally represented. Litigants are advised on what to expect as their case unfolds. They are informed of the processes that need to be followed and what they have to do in order to provide evidence to the court. As you would see later, this could either be in the form of an affidavit, or orally in Court. Notwithstanding the above, it is always useful to follow some basic guidelines when dealing with a court matter. This is what this article intends to demonstrate. It would be especially useful for someone who is representing themselves in court. In other words, acting in person. Although we advise you to make use of legal representation (advocate or attorney) when engaging in litigation, this article is for those who wish to handle their case on their own.

Who are the parties in a court case?

In civil legal matters, there are usually two opposite sides. Often there will be a Plaintiff and a Defendant. This is called action proceedings. In other cases, you will find an Applicant and a Respondent. This is called Application proceedings. The difference is explained next.

Action Proceedings: Commences with a Summons and Particulars of Claim

Western Cape High Court - Cape Town In action proceedings, there is a Plaintiff and a Defendant. Ultimately the parties will appear in Court to give evidence. In other words, they will step into the witness box and give evidence and answer questions about the specific case. The witness will be examined by his or her attorney or advocate. This is called examination in chief. Then he or she would be examined by the lawyer for the other side. This is called cross-examination. Then there is re-examination. The Plaintiff is the one who institutes the action or starts the case against the Defendant. And of course, the Defendant is the one who is taken to court by the Plaintiff.

Application Proceedings: Commences with a Notice of Motion and Founding Affidavit

In Application Proceedings, the parties to the dispute do not give evidence in the witness box. They provide their evidence in the form of a sworn statement or affidavit. It would start with a Notice of Motion. Basically, in the Notice of Motion, you will state exactly what you want from the court. The Applicant would then outline his or her case in the Founding Affidavit, and the Respondent would do so in his or her answering or opposing affidavit. The Applicant would then get a chance to reply to the opposing affidavit if he or she so wishes. The dispute is therefore resolved on affidavits. There is, therefore, no examination of witnesses. The Applicant is the one who starts the legal process and the Respondent is the other party. This article does not go into detail as to when Application proceedings or action proceedings are appropriate. However, if there is a serious dispute of fact at the outset, then action proceedings would be warranted. Now that we have identified who the parties are, let us provide you with some insight as to what the parties should observe when litigating.

Point 1: Do you have a case?

Whether or not you are instituting legal proceedings or defending it, it is always important to first determine whether or not you have a case. This might sound obvious, but many people litigate solely on emotion and not on fact. This point applies to whether you are instituting proceedings or whether you are defending it. If you are instituting proceedings and you do not have a case, you would not only be wasting your time and money, you would also have to pay the other side’s legal bill if so ordered. The same principle applies when opposing a case.

Point 2: Try to settle the court case early

Even if you have a strong case, it is always wise to attempt to settle it earlier than later. This is before an enormous amount of time and money is used. Many times, sitting face to face with the opposing party can resolve a dispute which could have cost the parties dearly. If sitting face to face is not possible, then try to send a written settlement proposal. This would give the other side something to work with. If they send a counter settlement proposal you are happy with, then take it and move on with your life.

Point 3: Obtain professional legal advice

This point could have been mentioned earlier, however, it applies to every step of the case. Although you are handling your own case, it is important that at each step of the way, you are legally informed. What better advantage will you have if you receive advice from someone who has years of legal experience in the field of law you are dealing with? As your case unfolds or evolves, having an experienced person advise you on your next move would be invaluable. This can save you a lot of time and money in the long run.

Point4: Stick to timelines and court rules

The court has rules and timelines. Therefore, know them and follow them pedantically. The last thing you want is for default judgment to be granted against you. Even worse, have your matter struck from the Court roll and pay the other party’s legal costs. The court rules are there for a reason. Other than timelines, ensure that your court file is in order, indexed and paginated and presentable for the court. This applies to both action and application proceedings.

Point 5: Simplify your case

The adjudicator of your matter is a judge. Although he or she is very learned and wise, he or she does not know the ins and out of your business or issue. It is therefore important that you follow basic principles of simplicity and logic when presenting a case. This could either be when drafting your particulars of claim, or your Notice of Motion. When presenting your case in action proceedings, ask a simple and concise question which would help the court to follow where you are going to. Ask one question at a time. Often lawyers ask two or three questions in a single “question”. For example, the lawyer would ask a witness, “what time did you meet the defendant, and what colour was his jacket and did he sound angry?”. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws      

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