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Understanding Divorce Process South Africa

Complete overview of divorce procedures, requirements, and timelines in South Africa. Know what to expect from start to finish.

Published 2025/02/19
3 topics covered
Two hands shaking over a desk, sealing a deal.

South African divorce process overview

Divorce in South Africa is governed by the Divorce Act 70 of 1979. The process involves specific legal requirements, court procedures, and considerations for children, property, and maintenance. Understanding these steps helps manage expectations and costs.

4-10 weeks
Average uncontested divorce
6-18 months
Average contested divorce
R600-R1200
Court filing fee
Yes
Mediation encouraged

Types of divorce proceedings

South Africa recognizes different divorce processes based on whether parties can reach agreement on key issues. The type of divorce significantly impacts timeline and costs.

Checklist

Divorce type determination factors

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Legal requirements for divorce

Before filing for divorce, certain legal requirements must be met. These ensure the court has jurisdiction and that all necessary information is provided.

Divorce cost comparison

Early settlement agreements can convert a contested divorce to uncontested, significantly reducing time and costs while giving parties more control over outcomes.

Frequently Asked Questions

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