WHAT IS DIVORCE?
A dissolution of marriage refers to the legal termination of a marital union, resulting in the cancellation of all marital rights and obligations, and restoring the parties to their pre-marital status, as per the Divorce Act 70 of 1979.
A Court can dissolve a marriage due to the irretrievable breakdown (marriage is beyond repair) or mental incapacity of one spouse (severe mental illness or coma).
THE LEGAL GROUNDS.
The grounds of divorce in South Africa include:
- Adultery
- Desertion
- Domestic violence
- Lack of support
- Financial discrepancies
- Habitual criminality
- Incompatibility
TYPES OF DIVORCE IN SOUTH AFRICA
UNCONTESTED DIVORCE
Where both parties have agreed to the patrimonial consequences in the form of a settlement. This process will be faster and less costly than that of a contested divorce.
CONTESTED DIVORCE
This is when both spouses cannot agree or settle on the terms of the divorce proceedings, and is typically a lengthy process and expensive.
Divorce is a complex area of law that intersects with status, patrimonial benefits and liabilities, and parental rights and responsibilities. At Elogran Naicker Attorneys, we are experts in Family Law ensuring that all legal safeguards are upheld.