According to statistics released in April 2015 by Statistics South Africa; in 2013, there were 23 885 processed Divorces. This is a staggering 8.6% increase from the number of processed Divorces in 2012, and this Divorce Rate is only expected to rise.
The grounds on which to file for Divorce in terms of the Divorce Act are:
- Irretrievable breakdown of the marriage
- Mental illness
- Continuous unconsciousness
In South Africa there are different ways to do so:
- Uncontested (Unopposed) Divorces
These occur when the Defendant to the Divorce application does not fight the application and the couple reach a settlement agreement or a Default Divorce is granted.
- Contested (Opposed) Divorces
As the name suggests this is where the Defendant to the Divorce Application contests or fights the application. They can oppose on multiple grounds including, such as that there is no irretrievable breakdown of the marriage. They may also contest the splitting of assets.
The process of a Contested Divorce is an Action Procedure in the Civil Court. Most Divorces are lodged in the High Court but now, thanks to The Regional Courts Amendment Act, it is also possible to lodge a Divorce in the Regional Division of the Magistrate’s Court.
The Divorce Proceedings will be started by the service of a Summons and the Plaintiff’s Particulars of Claim by the Sheriff of the Court upon the Defendant. Then the Defendant will serve a Notice of Intention to defend within 10 Court Days, if not the Plaintiff can get a Default Divorce granted.
After the Notice of Intention to Defend is served the process is:
- Pleadings
- Application for a Trial Date & Set Down of Trial
- Discovery of Documents
- Trial
- Judgement
A more effective way to resolve disputes
Divorce can be an extremely sensitive topic of discussion; this is because sometimes the divorce process can get very messy, especially when there are children involved. Fortunately there are attorneys that can provide mediation.
Mediation is a voluntary, confidential process that consists of a mediator facilitating communication between the two parties. This should result in a mutually beneficial settlement agreement, thus saving you time, money and a lot of heartache.
For more information with regards to Divorce and Family Law Mediation, get in touch with DuToit’s Attorneys.
SOURCES:
Divorce Act 70 of 1979
Jurisdiction of the Regional Courts Amendment Act 31 of 2008
Statistics South Africa; Statistical Release P0307: Marriages and Divorces (30 April 2015) Accessed at http://www.statssa.gov.za/publications/P0307/P03072013.pdf (Accessed On: 19/10/2015)
Preller, B; The Divorce Process in South Africa (Undated) Accessed at: http://www.divorcelaws.co.za/the-divorce-process-in-south-africa.html (Accessed On: 19/10/2015)
