International divorces are no longer as time consuming and expensive as it used to be in times gone by. Thanks to technology, international divorces can now be dealt with in approximately 2 months.
We have to date, successfully dealt with many international divorces where one party resides/works overseas.
A spouse living in South Africa will be able to institute divorce proceedings against the other, who either lives or works abroad (and vice versa), in the following circumstances as provided for in the South African Divorce Act :
- where one or both spouses are domiciled within the court’s jurisdiction at the time of instituting divorce proceedings; or
- where one or both spouses are ordinarily resident within the jurisdiction of the court at the time of instituting divorce proceedings; or
- where one or both spouses has been ordinarily resident in the country for a period of not less than one year prior to the institution of divorce proceedings.
The process is two-fold in that an application for leave to serve the summons via substituted service is brought at the same time as the summons being issued. Once leave has been granted by the court, the summons may be served via email or in any other manner as granted by the court. The summons will still be served by the Sheriff of the court albeit via email. The Defendant then has a longer period within which to note his/her intention to Defend, should he/she wish to do so. Once this period has elapsed and no appearance to Defend has been entered, the matter may be placed on the unopposed divorce roll.
It is important to note here that the husband’s domicile at the time of the marriage will determine the laws applicable to the marriage and dissolution of the marriage. These factors will be considered and explained in more detail at your first consultation with us.
For more information kindly get in touch with us here.