What you need to know
- The court does not force parties to divorce.
- The court does not force any party who wishes to divorce to remain married.
- If your marriage is registered in terms of customary law divorce is granted at the Magistrate’s Court.
- If you are married in terms of an unregistered customary law union, how the property of the union can be shared is determined at the Magistrate’s Court.
- If you are married in terms of the general law (Marriage Act Chapter 5:11) divorce is granted at the High Court.
- If you have children, the divorce court will deal with issues of custody, access and maintenance of the children.
- All issues to do with the children are determined on the basis of the best interest of the children and not the parties to the marriage.
- Maintenance is determined on the basis of the means of the parties.
- If you have property (Houses, cars, furniture, etc), the court will equitably share property between the spouses.
- Distribution of assets of the spouses is based, amoung other things on the length of the marriage and the parties’ direct and indirect contribution to the acquisition of the property.
- A person who wishes to divorce must give valid reasons for the breakdown of the marriage such as adultery, cruelty, violence, desertion, and denial of conjugal rights.
- Divorce can be granted by the consent or agreement of the parties or after contestation at trial.
To learn more, seek out complete legal advice
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