Divorce Lawyers in South Africa

Spouses who are no longer living together or those who are married to a spouse with certain medical issues (see below) can request a divorce in South Africa without the other’s permission.

Our divorce lawyers in South Africa present the most important steps that are required from those who want to end a lawfully recognized marriage. Our divorce attorney in South Africa also offers representation during the divorce proceedings.

Cases in which you can get a divorce in South Africa

You can ask for a divorce without the permission of your spouse when:

• You can prove that you and your spouse are no longer living together;
• If the former is true, you will also have to prove that your differences are irreconcilable;
• The other spouse is unconscious (without periods of regaining consciousness) or mentally ill.

In some limited cases you can have the marriage annulled. This will also mean that the union will be deleted from the record, unlike in the case of a divorce in which it remains on record. Legal separation is not available in South Africa.

How to get a divorce in South Africa

The divorce process starts with the serving of the summons. This is done by the court sheriff.

Civil marriages and customary marriages are dissolved by a court of law. This means that, in the two types of divorce in South Africa, which are contested and uncontested, the process will take place in court.

Once the summons is issued, the spouse will have a certain period within which to make a decision on how to respond. If a response is not issued, an application can be made to the court (the High Court or a Regional Court) and a decision to end the marriage will be made on the applicant’s behalf. This situation, in which the other spouse does not respond to the summons and the court issues its decision in absentia, is called a default divorce.

The uncontested divorce is the one in which the other spouse does not object to ending the union. As far as divorce in South Africa is concerned, this is the fastest process. You should keep the following in mind:

• You could expect to end an uncontested divorce process within approximately 4 weeks;
• By comparison, contested divorces may even take between 2 and 3 years.

Our divorce lawyers in South Africa can provide more details on the advantages of the uncontested divorce and will evaluate your situation to determine if this is attainable within the aforementioned period. This type of divorce is usually recommended when:

• You and your spouse’s situation is a simple one;
• The marriage was not lengthy;
• You do not have significant assets for which the division of property will be mandatory;
• You do not have children or you have children but you agree on their custody, alimony and all other important factors.

Working with an attorney is not mandatory during divorce, however, requesting the services provided by a local team of specialists, such as our divorce lawyers in South Africa can be very helpful, especially in more complex cases such as those that involve the division of significant assets.

South Africa divorce statistics

According to Statistics South Africa, there was a rise in the number of divorces granted in 2024, compared to the prior year. Thus, the data shows that:

• 24,202 divorces were granted in 2024;
• This represents an 8.9% increase in the total number of divorces, compared to 2023;
• In 2023, the number of finalized divorces in South Africa was 22,230.

Other legal services in South Africa

Our team can assist individuals who want to get a divorce, however, at our South African law firm we specialize in many areas of law.

We can assist with company formation in South Africa for investors who are ready to start their own business of for foreign investors who are thinking of starting their company here.

At the same time, our lawyers can also answer questions about immigration to South Africa, such as how to first obtain the residence permit in South Africa.

Contact our divorce lawyers in South Africa for more information about our services and if you are interested in starting the process to get a divorce in this country.