South Africa Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in South Africa.10 in-depth guides covering your rights, costs, and options.
Legal System
Common law (Roman-Dutch law base)
Divorce Type
No-fault (irretrievable breakdown)
Waiting Period
None
Average Cost
ZAR 5,000–200,000+
Property System
Depends on marital regime: in community (shared 50/50), out of community with/without accrual
Residency
Domicile in South Africa
Divorce Law in South Africa: Overview
South Africa's divorce law reflects its complex legal history — Roman-Dutch law base, English common law influences, constitutional equality requirements, and the Recognition of Customary Marriages Act. The type of marriage regime is CRITICAL: in community of property (everything shared 50/50), out of community with accrual (growth during marriage shared), or out of community without accrual (everything stays separate). Since 1998, customary (traditional African) marriages are legally recognized and can be polygamous. The Children's Act 2005 focuses on 'parental responsibilities and rights' rather than custody/access terminology.
Key Legislation
Divorce Act 70 of 1979
Primary divorce statute — sole ground: irretrievable breakdown.
Matrimonial Property Act 88 of 1984
Governs property regimes: in community, out of community with/without accrual.
Recognition of Customary Marriages Act 120 of 1998
Recognizes traditional marriages, including polygamous unions.
Children's Act 38 of 2005
Best interest of child standard; parental responsibilities and rights.
Grounds for Divorce
- ●Sole ground: irretrievable breakdown of marriage (since 1979)
- ●No fault required — no-fault system
How to Divorce in South Africa: Step-by-Step
Determine marriage regime
Check antenuptial contract. If none, default is in community of property.
Issue summons
File particulars of claim at the High Court or Regional Court.
Mediation
Required for parenting plan matters.
Settlement agreement
Negotiate property, maintenance, and parenting terms.
Divorce order
Court grants decree of divorce. Consent paper or trial.
Recent Legal Reforms
Children's Act: 'parental responsibilities and rights' replace 'custody and access'.
Customary marriages recognized and regulated.
Civil Union Act: same-sex marriages with equal divorce rights.
What Makes South Africa Divorce Unique
- →Marriage regime determines everything: in community (50/50) vs. out of community (with or without accrual)
- →Customary marriages can be polygamous — each creates a separate property estate
- →Constitutional equality guarantee overrides discriminatory customary practices
- →Three types of recognized marriage: civil, customary, and civil union
South Africa Divorce Statistics
~30% of civil marriages
Divorce rate
In community of property (default)
Most common regime
3-12 months (uncontested), 1-3 years (contested)
Average duration
South Africa Divorce Guides
South Africa Property Division
How assets and debts are divided
South Africa Spousal Support
Maintenance and alimony
South Africa Child Custody
Custody and parenting arrangements
South Africa Divorce Process & Timeline
Steps and how long it takes
South Africa Divorce Costs
Fees, costs, and legal aid
South Africa Child Support
Financial support for children
South Africa Uncontested Divorce
When both spouses agree
South Africa Divorce Mediation
Alternative dispute resolution
South Africa Divorce & Taxes
Tax implications of divorce
South Africa Domestic Violence & Divorce
Safety and legal protections
Every situation is different
Our AI advisor can help you understand divorce in South Africa. Tell us about your situation for personalized guidance.
Talk to AI Advisor →¿Te fue útil? Ayúdanos a mantenerlo gratis.
divorce911.ai se financia completamente con donaciones. Cada dólar mantiene al asistente IA y las 1,700+ guías gratis para personas en crisis.
Know someone going through a divorce? This could help them.
Legal Disclaimer: This article covers South Africa divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in South Africa for advice specific to your situation.