How do I register my divorce in South Africa?

You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court.

Do you have to get divorce in the country you married in?

You don’t have to get divorced in the country that you were married in, or where you were living when you or your ex decided to end your marriage or civil partnership. So, many couples will find that they can get divorced in more than one country.

How much does it cost to divorce in South Africa?

Hancox cost of a divorce varies depending on the circumstances and service providers. She noted that an uncontested divorce (one in which both parties work together to amicably agree on the divorce terms) can cost anything from R7,000 to R10,000.

Can a foreigner get a divorce in South Africa?

However, provided the marriage was duly registered with Home Affairs, divorce for a couple who married abroad is not classed as a foreign or expat divorce. If you married a foreign national and they have now left South Africa, you can still institute divorce proceedings here.

How can I get a divorce from abroad?

For further legal information about recognition of a divorce obtained abroad, go to the Department of State website at Divorce Abroad – Legal Issues.

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

A divorce summons must be served personally on the defendant by the sheriff of the court. There are two types of divorces, contested and uncontested divorce. The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 4 weeks.

How does a default divorce work in South Africa?

A civil marriage and customary marriage need to be dissolved by a court. Note: A default divorce is similar to an uncontested/unopposed divorce. This works when your spouse does not respond at all to the divorce. Your spouse will receive a summons with a date to respond.

Can a foreign national file for divorce in South Africa?

If you married a foreign national and they have now left South Africa, you can still institute divorce proceedings here. Furthermore, if you have left the country but your spouse is still resident here, you can also file for divorce through the South African courts.

Can a wandering husband get a divorce in South Africa?

What this means is that, wherever a wandering husband might be right now, if the matrimonial domicile…that is, his domicile at the time of the marriage…is South Africa, the courts will apply South African law in dissolving the marriage.

How does divorce work in a foreign country?

Divorce Abroad. Divorce is when one or both partners in a legal marriage seek the legal dissolution of that marriage. An order of divorce is usually, but not always, issued by a court and legally terminates a marriage. In many countries, it is typical, and sometimes required, that a divorce order resolves all issues arising out of the marriage,…