Divorce or the dissolution of marriage in south african law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. To start the divorce process you need to have a summons served. A divorce is a procedure which is legally opted by married couples to end their nuptials due to any given reason. Divorce in south africa 3 types of divorce divorce attorney. Pdf dilemma of muslim women regarding divorce in south africa. Civil unions the civil union act effective from december 2006 allows anyone regardless of their sexual orientation to marry either through a civil union, a civil marriage or a customary marriage. The divorce process in south africa depends on whether the marriage is a customary marriage or a civil marriage. Divorce papers fill online, printable, fillable, blank pdffiller.
Marriage is no longer the institution that it once was and it is becoming increasingly common for couples to seek legal separation and even divorce when things are no. More about south african family law adultery and the law. An online divorce, managed by an attorney, is the recommended option when the divorce is uncontested and when at least one of the parties is domiciled permanently residing in south africa. Divorce is unlike annulment, which declares the marriage null and void. Between 2012 and 2016, the divorce rate in south africa increased by 5%, while marriage rates dropped. Our diy divorce pack contains detailed step by step instructions and all the forms and legal documents you need to get a.
The printable divorce application form south africa. In south africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the divorce. These forms are in pdf formformat eform and can be completed online, printed and delivered to the relevant offices. Common causes of divorce in south africa lawyer south africa. This is said to be because of an increase in couples choosing to live together but stopping short of getting married. Oct 21, 2017 nazli williams bcom llb, the director of patton williams attorneys, owner of iedivorce, and coauthor of what you should know before filing for divorce 2020 edition is an admitted attorney of the high court of south africa, specialising in divorce and family law matters. The divorce process in south africa can either be a quick and relatively straightforward procedure or a very longwinded one. We use a simple 4step approach to finalize an uncontested divorce anywhere in south africa with the help of a team of knowledgeable divorce and family law attorneys. Divorce is one of the most powerfully stressful experiences that humans can experience.
Divorce agreement template can be used to clearly define the settlement terms with your spouse. Africa, 1996, or a court for a regional division contemplated in section 29 1b of the magistrates courts act, 1944 act no. Divorce decree and divorce case number from south africa. Divorce plaintiffs particulars of claim ooreenkoms kontrak. Maiden name if any id number south african citizens only passport number not required for south african citizens my contact details email address telephone cell number residential address. There are two types of divorces, contested and uncontested divorce.
Printable divorce application form maurice phillips wisenberg. Step 1 download divorce papers using one of the buttons above. You can do it yourself quickly and easily if you both agree on the terms of the divorce. Irretrievable breakdown means that the marital relationship has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marital relationship. Contrary to predictions, a rise in education, jobs, and income level for women in subsaharan africa may not have increased divorce in the past 20 years. Media release 30 may 2018 marriages and divorces 2016 report the marriages and divorces report released by statistics south africa read more posted on june 4, 2018 facebook twitter linkedin. The following reasons may be considered as an indication that the. Ooreenkoms kontrak south africa agreements south africa free agreement samples. Divorce is unlike annulment which declares the marriage null and void and its laws may or may not differ from state to state. Divorce notification form used in south africa, provided at the workshop in improvement of civil registration and vital statistics in sadc region, 1 5 december 2008, blantyre, malawi attachments divorce form.
This will speed up the divorce proceedings and leave each spouse with more control over how their marriage is dissolved. On receipt of your application form, maurice phillips wisenberg, will provide you with a mandate letter. You can divorce in either the regional court of the magistrate court having jurisdiction in your area or in the high court. The template is available in pdf, word, and excel format.
Whether youre hoping to get a speedy diy divorce or are dealing with a tough divorce. The uncontested divorce is the best and most cost effective for all parties concerned. The divorce process in south africa is relatively straightforward, yet the financial and emotional consequences can be profound, especially since most divorces are normally lodged in the high court. Information on the divorce rate in south africa, divorce statistics in south africa. The divorce procedure in south africa comprises the following steps.
In the first situation, the reason can be because of the fault of either of the parties wherein the one accusing must prove the fault. Met a lady in 2015, got engaged 392016,married 1232017, and ever since our friendship, relationship and finally our marriage, it has been 90% of the time difficult and troublesome. Divorce papers diy divorce attorney assisted divorce. A case study of thohoyandou, limpopo province, south africa. You dont need to hire an expensive lawyer for an uncontested divorce. Get to grips with the basics of south african divorce law, including how diy and contested divorces differ and how mediation works. Divorce decree and divorce case number from south africa many people require divorce decrees for certain applications overseas, but sometimes in the difficult time that divorce poses, no records were kept and they do not have a copy of their divorce decree or even case number. The divorce forms usually include the name of the applicant or petitioner applying for the divorce and the name of the respondent, i. Nov 15, 2015 divorce rates in south africa have increased by 5%, according to data by stats sa. A guide to divorce in south africa divorce attorney cape.
Form popularity south african divorce papers pdf download form. Before issuing a divorce summons, it is important that the two parties in the divorce process in south africa try to reach some sort of agreement with regards to the above four points. Complete south africa diy divorce papers for only r760. Common causes of divorce in south africa include alcoholism, drug abuse, physical and sexual abuse and a simple broken marriage. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Where can i download free divorce papers in south africa. Divorce rates in south africa have increased by 5%, according to data by stats sa. Legal separation does not exist in south africa even if you are no longer living with your husband and not divorced.
To prevent fraudulent marriages in south africa, the department of home affairs allows you to check your marital status via sms. Upon execution of this divorce settlement agreement, wife shall assume ownership of the marital residence as well as any and all rights, responsibilities and obligations related to the marital residence and husband releases and relinquishes to the wife any and all right, title, claim or interest husband may have in or to such marital residence. What you should know before filing for divorce south africa. These templates can be used to make agreement sample regarding property division, child custody, debts, accounts, etc. Abstract full text references pdf 1412 kb 0 crossref citations. The form would specify the terms and conditions to be maintained by both parties, regarding the. Alert level 4 restrictions are in place to stop the spread of coronavirus covid19.
Less expensive than other forms of divorce fast and simple very convenient. Pdf the increasing rate of divorce in african homes is an intricate incident happening. Do you require assistance with a quick and easy unopposed divorce by mutual consent where both parties are in mutual agreement and both parties are seeking an uncomplicated and uncontested dissolution of your marriage. The types of divorce procedure profoundly effects the practical matters of. Our online divorce application form is now also available in a printable format. Civil marriages are dissolved in accordance with the procedures and rules that are set out in the divorce act, whereas marriages that took place under the terms of african customary law are dissolved using the same procedure but some. To improve access to justice a large number of department of justice and constitutional development forms are now available on our website. An unopposed divorce also known as an uncontested divorce or an amicable divorce is the perfect option for a married couple where both parties want a divorce and they have agreed to all terms of their separation including but not limited to proprietary issues, maintenance spousal and child, care and contact of minor children if applicable.
Step 2 the spouse who decides to file for divorce must complete the forms and then file them with the circuit court clerks office in the county where he or she resides, in addition to paying the proper filing fee. Our fast and cost effective online divorce services for uncontested local and international divorces give our clients better client satisfaction without the need for a face to face consultation. The table further shows that the number of registered marriages fluctuated between 2003 and 2008, after which there was a consistent decline. The 2018 divorce data is based on 25 284 completed divorce forms that stats sa obtained and processed by the end of. Marriage is no longer the institution that it once was and it is becoming increasingly common for couples to seek legal separation and even divorce when things are no longer working. Her fields of expertise and interest include divorce law, family law. Pdf on a daily basis people enquire about the dissolution of islamic marriages, in terms of south african law in south africa. Divorce settlement agreement template get free sample. List all movable assets household items, furniture, motor vehicles. Related to divorce papers download south africa hindu divorce application form pdf download commonwealth of massachusetts division the trial court probate and family court department docket no. You can use our divorce agreement template to come to terms with the spouse. Divorce requires the sanction of a court in a legal process.
Statistics from 2012 shows that 161,112 marriages took place in sa, while just fewer than 22,000 marriages ended. Formalities of marriage in south africa samesex relationships unmarried parents and children parental rights and responsibilities care and contact custody of children divorce in south africa divorce process in south africa division of assets in divorce divorce and retirement funds rule 43 and interim maintenance divorce a missing spouse. Media release 30 may 2018 marriages and divorces 2016 report the marriages and divorces report released by statistics south africa read more. Do you wish to complete your divorce application form offline. South african high courts have, in divorce proceedings, inconsistently applied the concept of pension interest when parties were married either in community of property or out of community of property with the application of the accrual system see merike pienaar does a nonmember spouse have a claim on pension interest. There are essentially 3 types of divorce in south africa.
Online divorce services maurice phillips wisenberg. We will ask you questions about your life, to assess if the divorce will be opposed or unopposed by your future exspouse. The form would specify the terms and conditions to be maintained by both parties, regarding the assets, child custody, access to child and so on. To complete andor print the forms online, you will require acrobat reader 7. Firstly, the south african crude divorce rate is relatively low when compared to various other countries contrary to the popular belief that south africa has one of the highest divorce rates in the world and, secondly, the south african divorce rate is rising and will probably continue to rise. Civil marriages are dissolved in accordance with the procedures and rules that are set out in the divorce act, whereas marriages that took place under the terms of african customary law are dissolved using the same procedure but some of the consequences are dictated by tradition and custom. It has a profound impact on the mental, emotional and physical and physiological wellbeing of all family members. The author intends to examine the causes of divorce as well as the impact of divorce on the parties involved. Her fields of expertise and interest include divorce law, family law, domestic violence law and international divorce law. In order to obtain a divorce in south africa, you need to satisfy the court that the marriage has broken down irretrievably. Pdf analytical study of the causal factors of divorce in african. Printable divorce application form maurice phillips.
When a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage the court may. Answer a few questions and your document is created automatically. A guide to getting a divorce in south africa expatica. Hence, we can assist you drafting your divorce papers in south africa, and you can follow the process in your own name, or we can do all for you with attorney assisted divorce. A divorce agreement is a contract entered into by a married couple that describes how the. The author believes that gender equality and women rights are possible contributing factors to the problem of the high rate of divorce south africa is witnessing today this will serve as our research gap. There is always the option for a civilised and happy divorce and a divorce does not always. A guide to divorce in south africa divorce attorney cape town. Divorce rate stable or declining in 20 african countries. Divorce in south africa 3 types of divorce divorce. If a divorce is contested it may take between 2 3 years, but most contested divorces do settle long before they go on trial. Divorce papers fill online, printable, fillable, blank. The printable divorce application form iedivorce south africa. Divorce plaintiffs particulars of claim ooreenkoms.
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