Its easier than you think to get a divorce in South Africa
No need for expensive attorneys you can do it your self.
The court will require a legitimate reason for you to get divorces.
You can check some of the reasons here Grounds for Divorce.
If you are not using a lawyer this is the process
- Buy the diy divorce papers kit. It’s got everything you need in it.
- Determine which division of the High Court you need to use. This is based on where you live.
- Do you have any minor (under 18) children? If so, complete statutory Form A (it’s in the diy divorce papers pack), sign it in front of a commissioner of oaths. You’ll find one at any police station, most post offices and a pile of other places. Attach Statutory Form A to the combined summons.
- Fill in the Divorce Statistics Form (also in the pack).
- Fill in and sign the Deed of Settlement.
- Complete and sign the combined summons and particulars of claim (yip, in the pack too). Use the particulars of claim that incorporate the deed of settlement.
- Stick the revenue stamps to the face of the combined summons.
- Make 4 copies of the divorce papers (all of the above). Make an extra copy of the front page of the combined summons if you’re in Johannesburg.
- Go to your local court to see the Registrar that issues court process. He’ll stamp the papers like a mad man for a few minutes and then give you a case number and keep 1 copy.
- Go to the sheriff that serves process where your partner lives and hand him the original and a copy of the combined summons and particulars of claim. He will then serve the process on your partner and give you an original and copy of the Return of Service. This should cost about R50.
- If there are children involved, go to the Family Advocate who will tell you what you need to do to get a certificate from him and how to place it in the court file.
- 10 court days (not weekends and public holidays) after this your can go back to the Registrar get a date. You’ll need to take the original the original summons and Return of Service. He’ll stamp for a while and hand you your copy.
- On the date allocated for the hearing of the matter, get to court at around 9h00. Bring all your divorce papers including the original Deed of Settlement (if applicable) and your original marriage certificate. (You can get a duplicate original from Home Affairs if you’ve lost yours or torn it up and flushed the pieces).
- Check the Court Roll to see in which court your divorce will be heard and which number it is on the roll. Watch anyone before you to see how it works but the judge will help if you get stuck – they’re experts at this.