How Long Is Divorce Process In South Africa

What is Divorce?

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.

How Long Is Divorce Process In South Africa

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.

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

The Department of Home Affairs can take months on end to register the foreign divorce and to update the parties’ details on their system in terms of marital status. Even so, it takes only a few minutes to hand in the required documents for the registration of a foreign divorce at the Department of Home Affairs.

How much does it cost to get a divorce in South Africa?

On average, a summary divorce can cost anywhere from R5,000 to R20,000 or more, with most of the cost being for legal fees. If the parties represent themselves, the cost may be lower, but the process may also be more time-consuming and complex.

Can I get married while my divorce is in process in South Africa?

To remarry, the divorce must have been finalized, and you must have obtained the divorce decree, also known as the divorce order. Remarrying immediately after your divorce isn’t the best course of action. After getting divorced in South Africa, you can remarry to whoever you wish with a final divorce decree.

How long after divorce can you remarry in South Africa?

Furthermore, there is no known set period during which divorced individuals are allowed to remarry. Remarrying does not necessarily imply that the divorce was finalized and you have to obtain the divorce decree, or divorce order, to marry again.

Can you get a divorce without the other person signing in South Africa?

You do not have to get your spouse’s permission to get a divorce. If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent. In special circumstances you may get your marriage annulled.