Various Matrimonial Property Regimes focusing on the Accrual System

Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it. In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below. Marriage Contract - Antenuptial - Prenuptial Agreement In Community of Property (Default system) A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, when getting married, both spouses’ assets, money, liabilities and so on becomes one single joint estate. You can compare it to placing it all in one pot. And from that pot would the spouse’s finances be dealt with. If either spouse gets themselves into financial trouble, it is the joint estate, or the pot that would have to be looked at in order to sort it out. This would apply to financial trouble which arose even before the marriage.   Lastly, at death or divorce, the joint estate, or the pot would be divided and each party’s estate would leave with half. If you are worried about the financial implications of your marriage, you need to read further. Out of Community of Property and Profit or Loss (Without Accrual) Being married out of community of property and profit or loss is basically the exact opposite of being married in community of property. Here we are dealing with out of community of property with the exclusion of the accrual regime. Under this matrimonial property regime, there remain two separate estates just as there was before the spouses got married. Each spouse is responsible for their own wealth and debt. Creditors can therefore only claim from the estate of the relevant spouse. Not the other. At death or divorce, the situation remains exactly the same. Each estate leaves with whatever it has, being it money, assets or debt. In order for a couple to be married out of community of property and profit or loss, they need to stipulate it in an antenuptial contract and have it registered. The antenuptial contract would be executed before a Notary Public and registered at the Deeds Office. If this is not done,  then the marriage would be In Community of Property as above.  Next, we deal with a hybrid regime. You may find it more beneficial to you. Read more on antenuptial contracts by clicking here. Out of Community of Property and Profit or Loss (With Accrual) The third option a couple has is to get married out of community of property and profit or loss with the inclusion of the accrual regime. The accrual regime or system is outlined in the Matrimonial Property Act 88 of 1984. Basically, what it entails is that during the marriage you are married out of community of property and profit or loss as in the latter section, but at divorce or death, you share in the accrual or profits of the marriage. Each spouse still retains full control over their assets and estate during the marriage. Just as out of community of property and profit or loss without the accrual. If, however, the parties divorce or one dies, they will share in the accrual or profits. If you want the accrual regime to apply to your marriage, that would be stated in your antenuptial contract. It would then also be registered at the Deeds Office. In order to work out the accrual, one needs to know the net commencement value of each party’s estate. That would be stipulated in the antenuptial contract. The Accrual system is regulated in Chapter 1 of the Matrimonial Property Act 88 of 1984. In terms of the Act, certain items are excluded when calculating the accrual unless otherwise agreed upon. This is dealt with next.

Items or amounts excluded in the accrual calculation (unless otherwise agreed upon)

  1. Amounts which accrued to that estate by way of damages, other than damages for patrimonial loss. E.g. pain and suffering;
  2. An asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he or she acquired by virtue of his or her possession or former possession of the first-mentioned asset;
  3. An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his or her marriage, as well as any other asset which he acquired by virtue of his or her possession or former possession of such inheritance, legacy or donation (except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise);
  4. Donations between spouses, other than a donation mortis causa [anticipation of the death of the donor], is not taken into account either as part of the estate of the donor or as part of the estate of the donee.
Below find the relevant sections of the Matrimonial Property Act 88 of 1984 Marriage Contract - Antenuptial - Prenuptial Agreement

Matrimonial Property Act 88 of 1984

Extracts of the Matrimonial Property Act: CHAPTER I ACCRUAL SYSTEM 2.Marriages subject to accrual system Every marriage out of community of property in terms of an antenuptial contract by which community of property and community of profit and loss are excluded, which is entered into after the commencement of this Act, is subject to the accrual system specified in this Chapter, except in so far as that system is expressly excluded by the antenuptial contract. 3.Accrual system (1) At the dissolution of a marriage subject to the accrual system, by divorce or by the death of one or both of the spouses, the spouse whose estate shows no accrual or a smaller accrual than the estate of the other spouse, or his estate if he is deceased, acquires a claim against the other spouse or his estate for an amount equal to half of the difference between the accrual of the respective estates of the spouses. (2) Subject to the provisions of section 8(1), a claim in terms of subsection (1) arises at the dissolution of the marriage and the right of a spouse to share in terms of this Act in the accrual of the estate of the other spouse is during the subsistence of the marriage not transferable or liable to attachment, and does not form part of the insolvent estate of a spouse. 4.Accrual of estate (1) (a) The accrual of the estate of a spouse is the amount by which the net value of his estate at the dissolution his marriage exceeds the net value of his estate at the commencement of that marriage. (b) In the determination of the accrual of the estate of a spouse— (i) any amount which accrued to that estate by way of damages, other than damages for patrimonial loss, is left out of account; (ii) an asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he acquired by virtue of his possession or former possession of the first-mentioned asset, is not taken into account as part of that estate at the commencement or the dissolution of his marriage; (iii) the net value of that estate at the commencement of his marriage is calculated with due allowance for any difference which may exist in the value of money at the commencement and dissolution of his marriage, and for that purpose the weighted average of the consumer price index as published from time to time in the Gazette serves as prima facie proof of any change in the value of money. (2) The accrual of the estate of a deceased spouse is determined before effect is given to any testamentary disposition, donation mortis causa or succession out of that estate in terms of the law of intestate succession. 5.Inheritances, legacies and donations excluded from accrual (1) An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his marriage, as well as any other asset which he acquired by virtue of his possession or former possession of such inheritance, legacy or donation, does not form part of the accrual of his estate, except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise. (2) In the determination of the accrual of the estate of a spouse a donation between spouses, other than a donation mortis causa, is not taken into account either as part of the estate of the donor or as part of the estate of the donee. 6.Proof of commencement value of estate (1) Where a party to an intended marriage does not for the purpose of proof of the net value of his estate at the commencement of his marriage declare that value in the antenuptial contract concerned, he may for such purpose declare that value before the marriage is entered into or within six months thereafter in a statement, which shall be signed by the other party, and cause the statement to be attested by a notary and filed with the copy of the antenuptial contract of the parties in the protocol of the notary before whom the antenuptial contract was executed. (2) A notary attesting such a statement shall furnish the parties with a certified copy thereof on which he shall certify that the original is kept in his protocol together with the copy of the antenuptial contract of the parties or, if he is not the notary before whom the antenuptial contract was executed, he shall send the original statement by registered post to the notary in whose protocol the antenuptial contract is kept, or to the custodian of his protocol, as the case may be, and the last-mentioned notary or that custodian, shall keep the original statement together with the copy of the antenuptial contract of the parties in his protocol. (3) An antenuptial contract contemplated in subsection (1) or a certified copy thereof, or a statement signed and attested in terms of subsection (1) or a certified copy thereof contemplated in subsection (2), serves as prima facie proof of the net value of the estate of the spouse concerned at the commencement of his marriage. (4) The net value of the estate of a spouse at the commencement of his marriage is deemed to be nil if— (a) the liabilities of that spouse exceed his assets at such commencement; (b) that value was not declared in his antenuptial contract or in a statement in terms of subsection (1) and the contrary is not proved. 7.Obligation to furnish particulars of value of estate When it is necessary to determine the accrual of the estate of a spouse or a deceased spouse that spouse or the executor of the estate of the deceased spouse, as the case may be, shall within a reasonable time at the request of the other spouse or the executor of the estate of the other spouse, as the case may be, furnish full particulars of the value of that estate. Power of court to order division of accrual (1) A court may on the application of a spouse whose marriage is subject to the accrual system and who satisfies the court that his right to share in the accrual of the estate of the other spouse at the dissolution of the marriage is being or will probably be seriously prejudiced by the conduct or proposed conduct of the other spouse, and that other persons will not be prejudiced thereby, order the immediate division of the accrual concerned in accordance with the provisions of this Chapter or on such other basis as the court may deem just. (2) A court making an order under subsection (1) may order that the accrual system applicable to the marriage be replaced by a matrimonial property system in terms of which accrual sharing as well as community of property and community of profit and loss are excluded. (3) When an order is made under subsection (2), the registrar shall send a copy thereof to the registrar of deeds concerned, who shall cause an appropriate reference to the new matrimonial property system to be made on the registry duplicate of the antenuptial contract concerned and on every copy thereof tendered to him for endorsement. (4) A registrar of deeds who receives notice of a new matrimonial property system in terms of subsection (3), shall notify all other registrars of deeds accordingly and furnish each of them with a copy of the court order, and every registrar of deeds so notified shall cause an appropriate reference to the new matrimonial property system to be endorsed on the copy, if any, of the antenuptial contract concerned filed in his registry and on every copy thereof tendered to him for endorsement. 8.Forfeiture of right to accrual sharing The right to share in the accrual of the estate of a spouse in terms of this Chapter is a patrimonial benefit which may on divorce be declared forfeit, either wholly or in part. Deferment of satisfaction of accrual claim A court may on the application of a person against whom an accrual claim lies, order that satisfaction of the claim be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified, assets, as the court may deem just. Marriage Contract - Antenuptial - Prenuptial Agreement
Posted on by Telelaw

Various Matrimonial Property Regimes focusing on the Accrual System

Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it.

In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below.

Marriage Contract - Antenuptial - Prenuptial Agreement

In Community of Property (Default system)

A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, when getting married, both spouses’ assets, money, liabilities and so on becomes one single joint estate. You can compare it to placing it all in one pot. And from that pot would the spouse’s finances be dealt with. If either spouse gets themselves into financial trouble, it is the joint estate, or the pot that would have to be looked at in order to sort it out. This would apply to financial trouble which arose even before the marriage.   Lastly, at death or divorce, the joint estate, or the pot would be divided and each party’s estate would leave with half. If you are worried about the financial implications of your marriage, you need to read further.

Out of Community of Property and Profit or Loss (Without Accrual)

Being married out of community of property and profit or loss is basically the exact opposite of being married in community of property. Here we are dealing with out of community of property with the exclusion of the accrual regime. Under this matrimonial property regime, there remain two separate estates just as there was before the spouses got married. Each spouse is responsible for their own wealth and debt. Creditors can therefore only claim from the estate of the relevant spouse. Not the other. At death or divorce, the situation remains exactly the same. Each estate leaves with whatever it has, being it money, assets or debt.

In order for a couple to be married out of community of property and profit or loss, they need to stipulate it in an antenuptial contract and have it registered. The antenuptial contract would be executed before a Notary Public and registered at the Deeds Office. If this is not done,  then the marriage would be In Community of Property as above.  Next, we deal with a hybrid regime. You may find it more beneficial to you.

Read more on antenuptial contracts by clicking here.

Out of Community of Property and Profit or Loss (With Accrual)

The third option a couple has is to get married out of community of property and profit or loss with the inclusion of the accrual regime. The accrual regime or system is outlined in the Matrimonial Property Act 88 of 1984. Basically, what it entails is that during the marriage you are married out of community of property and profit or loss as in the latter section, but at divorce or death, you share in the accrual or profits of the marriage. Each spouse still retains full control over their assets and estate during the marriage. Just as out of community of property and profit or loss without the accrual. If, however, the parties divorce or one dies, they will share in the accrual or profits.

If you want the accrual regime to apply to your marriage, that would be stated in your antenuptial contract. It would then also be registered at the Deeds Office. In order to work out the accrual, one needs to know the net commencement value of each party’s estate. That would be stipulated in the antenuptial contract. The Accrual system is regulated in Chapter 1 of the Matrimonial Property Act 88 of 1984. In terms of the Act, certain items are excluded when calculating the accrual unless otherwise agreed upon. This is dealt with next.

Items or amounts excluded in the accrual calculation (unless otherwise agreed upon)

  1. Amounts which accrued to that estate by way of damages, other than damages for patrimonial loss. E.g. pain and suffering;
  2. An asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he or she acquired by virtue of his or her possession or former possession of the first-mentioned asset;
  3. An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his or her marriage, as well as any other asset which he acquired by virtue of his or her possession or former possession of such inheritance, legacy or donation (except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise);
  4. Donations between spouses, other than a donation mortis causa [anticipation of the death of the donor], is not taken into account either as part of the estate of the donor or as part of the estate of the donee.

Below find the relevant sections of the Matrimonial Property Act 88 of 1984

Marriage Contract - Antenuptial - Prenuptial Agreement

Matrimonial Property Act 88 of 1984

Extracts of the Matrimonial Property Act:

CHAPTER I

ACCRUAL SYSTEM

2.Marriages subject to accrual system

Every marriage out of community of property in terms of an antenuptial contract by which community of property and community of profit and loss are excluded, which is entered into after the commencement of this Act, is subject to the accrual system specified in this Chapter, except in so far as that system is expressly excluded by the antenuptial contract.
3.Accrual system
(1) At the dissolution of a marriage subject to the accrual system, by divorce or by the death of one or both of the spouses, the spouse whose estate shows no accrual or a smaller accrual than the estate of the other spouse, or his estate if he is deceased, acquires a claim against the other spouse or his estate for an amount equal to half of the difference between the accrual of the respective estates of the spouses.

(2) Subject to the provisions of section 8(1), a claim in terms of subsection (1) arises at the dissolution of the marriage and the right of a spouse to share in terms of this Act in the accrual of the estate of the other spouse is during the subsistence of the marriage not transferable or liable to attachment, and does not form part of the insolvent estate of a spouse.

4.Accrual of estate
(1) (a) The accrual of the estate of a spouse is the amount by which the net value of his estate at the dissolution his marriage exceeds the net value of his estate at the commencement of that marriage.

(b) In the determination of the accrual of the estate of a spouse—

(i) any amount which accrued to that estate by way of damages, other than damages for patrimonial loss, is left out of account;

(ii) an asset which has been excluded from the accrual system in terms of the antenuptial contract of the spouses, as well as any other asset which he acquired by virtue of his possession or former possession of the first-mentioned asset, is not taken into account as part of that estate at the commencement or the dissolution of his marriage;

(iii) the net value of that estate at the commencement of his marriage is calculated with due allowance for any difference which may exist in the value of money at the commencement and dissolution of his marriage, and for that purpose the weighted average of the consumer price index as published from time to time in the Gazette serves as prima facie proof of any change in the value of money.

(2) The accrual of the estate of a deceased spouse is determined before effect is given to any testamentary disposition, donation mortis causa or succession out of that estate in terms of the law of intestate succession.

5.Inheritances, legacies and donations excluded from accrual
(1) An inheritance, a legacy or a donation which accrues to a spouse during the subsistence of his marriage, as well as any other asset which he acquired by virtue of his possession or former possession of such inheritance, legacy or donation, does not form part of the accrual of his estate, except in so far as the spouses may agree otherwise in their antenuptial contract or in so far as the testator or donor may stipulate otherwise.

(2) In the determination of the accrual of the estate of a spouse a donation between spouses, other than a donation mortis causa, is not taken into account either as part of the estate of the donor or as part of the estate of the donee.

6.Proof of commencement value of estate
(1) Where a party to an intended marriage does not for the purpose of proof of the net value of his estate at the commencement of his marriage declare that value in the antenuptial contract concerned, he may for such purpose declare that value before the marriage is entered into or within six months thereafter in a statement, which shall be signed by the other party, and cause the statement to be attested by a notary and filed with the copy of the antenuptial contract of the parties in the protocol of the notary before whom the antenuptial contract was executed.

(2) A notary attesting such a statement shall furnish the parties with a certified copy thereof on which he shall certify that the original is kept in his protocol together with the copy of the antenuptial contract of the parties or, if he is not the notary before whom the antenuptial contract was executed, he shall send the original statement by registered post to the notary in whose protocol the antenuptial contract is kept, or to the custodian of his protocol, as the case may be, and the last-mentioned notary or that custodian, shall keep the original statement together with the copy of the antenuptial contract of the parties in his protocol.

(3) An antenuptial contract contemplated in subsection (1) or a certified copy thereof, or a statement signed and attested in terms of subsection (1) or a certified copy thereof contemplated in subsection (2), serves as prima facie proof of the net value of the estate of the spouse concerned at the commencement of his marriage.

(4) The net value of the estate of a spouse at the commencement of his marriage is deemed to be nil if—

(a) the liabilities of that spouse exceed his assets at such commencement;

(b) that value was not declared in his antenuptial contract or in a statement in terms of subsection (1) and the contrary is not proved.

7.Obligation to furnish particulars of value of estate
When it is necessary to determine the accrual of the estate of a spouse or a deceased spouse that spouse or the executor of the estate of the deceased spouse, as the case may be, shall within a reasonable time at the request of the other spouse or the executor of the estate of the other spouse, as the case may be, furnish full particulars of the value of that estate.
Power of court to order division of accrual
(1) A court may on the application of a spouse whose marriage is subject to the accrual system and who satisfies the court that his right to share in the accrual of the estate of the other spouse at the dissolution of the marriage is being or will probably be seriously prejudiced by the conduct or proposed conduct of the other spouse, and that other persons will not be prejudiced thereby, order the immediate division of the accrual concerned in accordance with the provisions of this Chapter or on such other basis as the court may deem just.

(2) A court making an order under subsection (1) may order that the accrual system applicable to the marriage be replaced by a matrimonial property system in terms of which accrual sharing as well as community of property and community of profit and loss are excluded.

(3) When an order is made under subsection (2), the registrar shall send a copy thereof to the registrar of deeds concerned, who shall cause an appropriate reference to the new matrimonial property system to be made on the registry duplicate of the antenuptial contract concerned and on every copy thereof tendered to him for endorsement.

(4) A registrar of deeds who receives notice of a new matrimonial property system in terms of subsection (3), shall notify all other registrars of deeds accordingly and furnish each of them with a copy of the court order, and every registrar of deeds so notified shall cause an appropriate reference to the new matrimonial property system to be endorsed on the copy, if any, of the antenuptial contract concerned filed in his registry and on every copy thereof tendered to him for endorsement.

8.Forfeiture of right to accrual sharing
The right to share in the accrual of the estate of a spouse in terms of this Chapter is a patrimonial benefit which may on divorce be declared forfeit, either wholly or in part.
Deferment of satisfaction of accrual claim
A court may on the application of a person against whom an accrual claim lies, order that satisfaction of the claim be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified, assets, as the court may deem just.

Marriage Contract - Antenuptial - Prenuptial Agreement

Related Post

I am a victim of Domestic Violence – Please provide me with questions and answers for general issues in domestic violence matters.

  • What is considered domestic violence in South Africa?
    • Domestic violence in South Africa includes physical, emotional, sexual, or economic abuse within an intimate relationship or household.
  • Are men also protected under South African domestic violence laws?
    • Yes, South African laws protect both men and women from domestic violence. Any person, regardless of gender, can be a victim or perpetrator.
  • How can one obtain a protection order against domestic violence in South Africa?
    • To obtain a protection order, a victim can apply at the Magistrate’s Court, and if in immediate danger, they can approach the police.
  • What are the consequences of violating a protection order in South Africa?
    • Violating a protection order is a criminal offence, and penalties may include fines or imprisonment.
  • Can domestic violence victims get legal assistance in South Africa?
    • Yes, victims can seek legal assistance through organizations like Legal Aid South Africa or private attorneys specializing in domestic violence cases.
  • Are there support services available for domestic violence victims in South Africa?
    • Yes, various organizations provide support services, including shelters, counseling, and legal advice for domestic violence victims.
  • What role can the police play in domestic violence cases in South Africa?
    • The police can intervene, arrest the perpetrator if necessary, and assist and/or advise victims in obtaining protection orders.
  • Is it possible to report domestic violence anonymously in South Africa?
    • While anonymous reporting might be challenging, victims can request confidentiality, and their information can be protected during legal proceedings.
  • What rights do children have in cases of domestic violence in South Africa?
    • Children have the right to be protected from domestic violence, and authorities may intervene to ensure their safety.
  • Can a victim drop charges against an alleged perpetrator of domestic violence in South Africa?
    • In criminal cases, only the state can drop charges. However, in civil cases like obtaining a protection order, the victim has control over the process.
  • Are there cultural considerations in addressing domestic violence in South Africa?
    • Yes, cultural sensitivities are considered, but domestic violence is universally condemned, and legal measures apply regardless of cultural background.
  • What is the role of social workers in domestic violence cases in South Africa?
    • Social workers can provide counseling, support, and assistance in finding resources for victims of domestic violence.
  • Can a victim of domestic violence in South Africa claim compensation?
    • Yes, victims may seek compensation through civil claims against the perpetrator for damages suffered due to domestic violence.
  • Are employers obligated to support employees experiencing domestic violence in South Africa?
    • Employers are encouraged to support employees facing domestic violence and can provide assistance such as counseling or time off for legal proceedings.
  • Can technology be used as evidence in domestic violence cases in South Africa?
    • Yes, text messages, emails, or other electronic communications can be used as evidence in domestic violence cases.
  • What steps can schools take to address domestic violence affecting students in South Africa?
    • Schools can create awareness, provide counseling services, and collaborate with relevant authorities to address domestic violence affecting students.
  • How does the South African legal system handle false accusations of domestic violence?
    • False accusations can be taken seriously, and the legal system aims to discern the truth through investigations to prevent misuse of protection orders.
  • Is domestic violence education mandatory in South African schools?
    • While not mandatory, initiatives exist to incorporate awareness programs about domestic violence into school curricula.
  • Can immigration status affect a victim’s ability to report domestic violence in South Africa?
    • No, immigration status should not be a barrier to reporting domestic violence, and victims are encouraged to seek help regardless of their legal status.
  • What community resources are available to combat domestic violence in South Africa?
    • Community resources include NGOs, helplines, and community centers that provide support, counseling, and education on domestic violence.

Posted on by Telelaw

Frequently asked questions on Divorce

 [caption id="attachment_7079" align="alignleft" width="259"]Advocate Muhammad Abduroaf - Advocate High Court Cape Town Advocate Muhammad Abduroaf – Advocate High Court of South Africa[/caption] We proud ourselves on our knowledge on family law, and related matters relevant to South Africa. This includes issues and questions surrounding divorces, custody and child maintenance. Feel free to browse through the questions and answers below. Should you not find the answer to a divorce question you are looking for, scroll down to the bottom of this page and post your divorce-related question. Or you may click here to take you to the bottom of this post where the questions start. Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates’ Court? Click here.

How does it work to get a divorce/divorce process?

Only a court of law can divorce you. Therefore, a spouse should take the other spouse to court. You or your lawyer would have to approach the Divorce Court of the Family Court.

What is the procedure or process a for divorce?

One party needs to sue the other party for a divorce. This can be done in the High Court of the Family Courts. Once all the paperwork is done, the matter is set down for hearing or trial where a judge or magistrate would divorce you.

How long does it take for a divorce to be finalized?

If a divorce is undefended, it can take about 6 weeks. However, if the parties wish to litigate, it can take many months, up to 2 (two) years.

How long will it take for a divorce to be final?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take for someone to be served with divorce papers?

  If the person’s home and work address are known and the person is usually there, it can take a day or two. This depends on when the Sheriff is available to serve the summons. However, if the person is not always at work or at home to be served, it can take some time.

How long does it take for a divorce to be finalized?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce decree paper?

One the divorce is finalised, it should take about a week for the divorce decree or order to be typed out and available for collection.

How is a divorce finalized?

A divorce is finalised by a magistrate or judge granting a decree or order of divorce.

How long does it take to get an amicable divorce?

If the parties are on the same page and want to keep things friendly, it can take less than two months.

Why does it take so long to get a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. The problem is that when the matter becomes defended. it can take many months to finalise.

How long does it take to get a divorce by mutual consent in Cape Town?

[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

Is adultery against the law in South Africa?

No, it is not a crime. However, it can be ground for a divorce.

What does in community of property means?

In community of property means that there is just one estate. At divorce, the estate has to be divided.

What can be contested in a divorce?

Anything the other spouse asks for can be contested. This includes maintenance, custody and the divorce itself.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the meaning of uncontested divorce?

An uncontested divorce is a term used to describe a divorce where both spouses agree to the divorce and the terms thereof. They then both co-operate if the finalisation of the divorce.

What is the divorce?

A divorce is the dissolution of the marriage. In other words, you are no longer married after the divorce.

When do you get served divorce papers?

Once a spouse instituted divorce proceedings, you should then be served with divorce papers by the sheriff of the court.

How long does it take to file for a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce in Cape Town if both parties agree?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. What is the final decree of divorce? It is an order, where the Court dissolves your marriage.

How much does it cost to get a divorce?

The court does not charge for a divorce. However, your lawyer would charge a fee, as well as the sheriff of the court who serves the divorce documents.

How long does it take to get a divorce in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How do I go about filing for divorce?

You should issue a summons at the Divorce Court.

Is a civil marriage in community of property?

Yes, unless you entered into an ante-nuptial contract beforehand stating otherwise.

What happens if your spouse refuses to sign divorce papers?

If your spouse refused to sign divorce papers, the divorce proceeds on a defended bases.

What happens when you file for a divorce?

The legal process follows. Ultimately, you want to have the matter heard before a magistrate or judge.

What is the meaning of notice of bar?

A notice of bar is a notice given to the Defendant, who filed a notice of intention to defend, but did nothing afterward. Therefore, you a notice of bar is issued, the Plaintiff may go ahead with finalising the case. [caption id="attachment_8258" align="alignleft" width="476"] Child Custody Visitation and Contact[/caption]

What is the meaning of a customary marriage?

A customary marriage is a marriage based on custom. An example is that of Xhosa or Zulu marriages.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. Therefore, it is in their best interest to try to resolve matters as soon as possible.

How does it work to get a divorce?

One party needs to summons the other party to Court. Therefore, a divorce cannot take place without a court process.

What is the procedure for divorce?

One party needs to summons the other party to Court.

How long does it take to get a divorce if both parties agree?

The quickest is for four weeks.

How much does it cost to file for a divorce in South Africa?

If you attend to your divorce, there are no costs, other than sheriff fees.

How do you file for divorce in South Africa?

A divorce has to start with a court process called a Summons. This document is issued at the divorce court and served on the spouse.

What is an uncontested divorce in South Africa?

An uncontested divorce in South Africa is where both parties agree on the terms of the divorce. In other words, there won’t be any opposition to the divorce. Only co-operation.

How long does it take to get a divorce in Cape Town, South Africa?

If all goes well and the divorce is uncontested, it would take approximately two (2) months to finalise.

How long does it take to get a fast divorce in Cape Town, South Africa?

Approximately two (2) months.

How long does it take to get a divorce in South Africa?

Each court is different. However approximately two (2) months.

When a divorce is final?

A divorce is final when you obtain a decree of divorce from the Judge or Magistrate. Therefore, a court process needs to take place.

How can I get a divorce without a lawyer?

You do not need a lawyer to attend to your divorce. You can do it on your own. The best option would be is to approach the Family Court in your area for assistance.

How long does it take to get a divorce in Cape Town, South Africa?

If the divorce is undefended, it can take about six (6) weeks.

How long does it take for someone to be served with divorce papers?

It can take a day or a few weeks. It all depends on when the sheriff is available to serve the divorce papers, as well as the ability to serve. In other words, sometimes the Sheriff takes a while to locate the party who must be served.

How long does it take for a divorce to be finalized?

It can take up to 6 weeks. Therefore, if you want to finalise a divorce quickly, agree as soon as possible.

How can I get a quick divorce in South Africa?

A divorce is very quick if you and your spouse agree on the terms of the divorce. You may then enter into a consent paper and have that made an order of the court. If you follow that route, with a divorce lawyer, you can be divorced within a few weeks. Purchase a Consultation with us from our Online Shop, by clicking here.

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