Divorce is probably one of the most difficult experiences a person can go through, on the grief scale the experience is right up there with the death of a loved one. Divorce proceedings not only have a massive impact on the divorcing spouses but also affects all members of the family and impacts their physical, physiological, mental, emotional and financial well being. For this reason, this is a decision that should not be taken lightly and couples therapy should always be the couples’ first point of departure. We highly recommend Imago Therapy to our clients who are not quite ready to take the final step and head to court to terminate their marriage.
Should divorce however be inevitable, then it is important to know that you do have some control over the situation, control meaning the choice as to which way you are going to approach the divorce process .
There are a couple of different options to choose from when it comes to divorce in South Africa. The starting block that you choose will set the tone not only for divorce process but long after the divorce is final . It is therefore one of the most important decisions you will ever make, so choose wisely, especially if there are minor children involved.
Divorce refers to the process whereby a marriage relationship is dissolved and brought to an end. In South Africa, divorce is regulated by the Divorce Act 70 of 1979.
In order for a decree of divorce to be granted, the following has to be proven by the party instituting the divorce proceedings:
- The marriage has irretrievably broken down. (Section 4 of the Divorce Act), or
- The mental illness or the continuous unconsciousness of a party to the marriage (Section 5 of the Divorce Act)
IRRETRIEVABLE BREAKDOWN
Irretrievable breakdown
For a court to grant a decree of divorce on the grounds of the irretrievable breakdown of the marriage it must be satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marital relationship between them.
A court may accept the following factors as evidence of the irretrievable breakdown of a marriage:
- The parties have not lived together as husband and wife for a continued period of at least one year immediately prior to the date issuing summons for divorce.
- The defendant has committed adultery and the plaintiff finds it irreconcilable with a continued marriage relationship.
- The defendant was declared a habitual criminal and is undergoing imprisonment.
There are three distinct types of divorces in South Africa: