Questions on Divorce – Frequently Asked Questions and Answers South Africa

Frequently asked questions on Divorce

Advocate Muhammad Abduroaf - Advocate High Court Cape Town
Advocate Muhammad Abduroaf – Advocate High Court of South Africa

We proud ourselves on our knowledge on family law, and related matters relevant to South Africa. This includes issues and questions surrounding divorces, custody and child maintenance. Feel free to browse through the questions and answers below. Should you not find the answer to a divorce question you are looking for, scroll down to the bottom of this page and post your divorce-related question. Or you may click here to take you to the bottom of this post where the questions start.

Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates’ Court? Click here.

How does it work to get a divorce/divorce process?

Only a court of law can divorce you. Therefore, a spouse should take the other spouse to court. You or your lawyer would have to approach the Divorce Court of the Family Court.

What is the procedure or process a for divorce?

One party needs to sue the other party for a divorce. This can be done in the High Court of the Family Courts. Once all the paperwork is done, the matter is set down for hearing or trial where a judge or magistrate would divorce you.

How long does it take for a divorce to be finalized?

If a divorce is undefended, it can take about 6 weeks. However, if the parties wish to litigate, it can take many months, up to 2 (two) years.

How long will it take for a divorce to be final?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take for someone to be served with divorce papers?

 

If the person’s home and work address are known and the person is usually there, it can take a day or two. This depends on when the Sheriff is available to serve the summons. However, if the person is not always at work or at home to be served, it can take some time.

How long does it take for a divorce to be finalized?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce decree paper?

One the divorce is finalised, it should take about a week for the divorce decree or order to be typed out and available for collection.

How is a divorce finalized?

A divorce is finalised by a magistrate or judge granting a decree or order of divorce.

How long does it take to get an amicable divorce?

If the parties are on the same page and want to keep things friendly, it can take less than two months.

Why does it take so long to get a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. The problem is that when the matter becomes defended. it can take many months to finalise.

How long does it take to get a divorce by mutual consent in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

Is adultery against the law in South Africa?

No, it is not a crime. However, it can be ground for a divorce.

What does in community of property means?

In community of property means that there is just one estate. At divorce, the estate has to be divided.

What can be contested in a divorce?

Anything the other spouse asks for can be contested. This includes maintenance, custody and the divorce itself.

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

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the meaning of uncontested divorce?

An uncontested divorce is a term used to describe a divorce where both spouses agree to the divorce and the terms thereof. They then both co-operate if the finalisation of the divorce.

What is the divorce?

A divorce is the dissolution of the marriage. In other words, you are no longer married after the divorce.

When do you get served divorce papers?

Once a spouse instituted divorce proceedings, you should then be served with divorce papers by the sheriff of the court.

How long does it take to file for a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce in Cape Town if both parties agree?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the final decree of divorce?

It is an order, where the Court dissolves your marriage.

How much does it cost to get a divorce?

The court does not charge for a divorce. However, your lawyer would charge a fee, as well as the sheriff of the court who serves the divorce documents.

How long does it take to get a divorce in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How do I go about filing for divorce?

You should issue a summons at the Divorce Court.

Is a civil marriage in community of property?

Yes, unless you entered into an ante-nuptial contract beforehand stating otherwise.

What happens if your spouse refuses to sign divorce papers?

If your spouse refused to sign divorce papers, the divorce proceeds on a defended bases.

What happens when you file for a divorce?

The legal process follows. Ultimately, you want to have the matter heard before a magistrate or judge.

What is the meaning of notice of bar?

A notice of bar is a notice given to the Defendant, who filed a notice of intention to defend, but did nothing afterward. Therefore, you a notice of bar is issued, the Plaintiff may go ahead with finalising the case.

Child Custody Visitation and Contact

What is the meaning of a customary marriage?

A customary marriage is a marriage based on custom. An example is that of Xhosa or Zulu marriages.

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

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. Therefore, it is in their best interest to try to resolve matters as soon as possible.

How does it work to get a divorce?

One party needs to summons the other party to Court. Therefore, a divorce cannot take place without a court process.

What is the procedure for divorce?

One party needs to summons the other party to Court.

How long does it take to get a divorce if both parties agree?

The quickest is for four weeks.

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

If you attend to your divorce, there are no costs, other than sheriff fees.

How do you file for divorce in South Africa?

A divorce has to start with a court process called a Summons. This document is issued at the divorce court and served on the spouse.

What is an uncontested divorce in South Africa?

An uncontested divorce in South Africa is where both parties agree on the terms of the divorce. In other words, there won’t be any opposition to the divorce. Only co-operation.

How long does it take to get a divorce in Cape Town, South Africa?

If all goes well and the divorce is uncontested, it would take approximately two (2) months to finalise.

How long does it take to get a fast divorce in Cape Town, South Africa?

Approximately two (2) months.

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

Each court is different. However approximately two (2) months.

When a divorce is final?

A divorce is final when you obtain a decree of divorce from the Judge or Magistrate. Therefore, a court process needs to take place.

How can I get a divorce without a lawyer?

You do not need a lawyer to attend to your divorce. You can do it on your own. The best option would be is to approach the Family Court in your area for assistance.

How long does it take to get a divorce in Cape Town, South Africa?

If the divorce is undefended, it can take about six (6) weeks.

How long does it take for someone to be served with divorce papers?

It can take a day or a few weeks. It all depends on when the sheriff is available to serve the divorce papers, as well as the ability to serve. In other words, sometimes the Sheriff takes a while to locate the party who must be served.

How long does it take for a divorce to be finalized?

It can take up to 6 weeks. Therefore, if you want to finalise a divorce quickly, agree as soon as possible.

How can I get a quick divorce in South Africa?

A divorce is very quick if you and your spouse agree on the terms of the divorce. You may then enter into a consent paper and have that made an order of the court. If you follow that route, with a divorce lawyer, you can be divorced within a few weeks.

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234 thoughts on “Questions on Divorce – Frequently Asked Questions and Answers South Africa

  1. I would like to know how long does it take to get a court date for a divorce. I was served on the 27 Oct 19 . Stil didn’t hear nothing. It is uncontested. In community . Married 3 years . Does she get 50 % of my pension. And how long does the process take uncontested divorce.

    1. Good day
      If you were married in community of property, she is entitled to 50 per cent of your pension and visa Versa. When the divorce is uncontested, it should take a few weeks. All courts are different. Call the court to determine how long it would take.

  2. I’m filing for divorce, will my ex be able to take my car that I bought cash? Or would we need to sell it?

    1. It depends if you are married in community of property or out. If in, then the estate must be divided equally, this includes debts. If out, then it belongs to you. Then there is the issue of accrual if out.

  3. Good day..
    My spouse filed for divorce in January and I still haven’t recieved summons. I was hoping to reconsile with her but she has since moved on with somebody else and now lives with the guy while I stay with our 2 kids. In the divorce I agreed to pay a certain amount for the kids as maintenance and now I don’t as I look after the kids. What are my rights here. She wants to take the kids away from and go live on her own or with boyfriend.

    1. Good day
      We suggest you approach the divorce court for an interim order dealing with care and contact and child maintenance pending the divorce.

  4. Thank you and he being the plaintiff, what happens on day of trial. If he doesn’t appear at court.

  5. good day,
    my husband the plaintiff applied for divorce, we married community in property. the trial date is set for 3 months time. His lawyers withdrew from his case.
    it is a contested divorce, what happens on trial date when i appear with my advocate and he is not present, as he is the plaintiff. Can the divorce be finalised or what is the case.

  6. Good day

    My husband , the plaintiff filed for divorce, we married community in property, we cannot reach a settlement with the joint estate, we got a trail date to go to high court, His lawyers now withdrew from his case , so he does not have any legal representation, what happens when me the defendent goes to court on trial date with my advocate, can he request a postponement and also if he does not appear, can the divorce be finalised as he is not there, although he is the plaintiff

  7. Good day. My husband left our home 7 weeks ago and filed for divorce. I will receive the summons on Saturday. I don’t want this divorce as it was so quickly and I did not even know he is planning on leaving. He brings up nonsense that it has not been going well between us and I always argued with the children and he does not love me any more, but that is not true. I know he had / have an affair (that he deny) but I still love him. We did not promise each other a lifetime of marriage just to throw it away after 10 years without trying to work things out. He is not acting like my husband, it is as if he changed over night.

    Can I ask the court for counseling sessions first before we proceed with the divorce that will effect so many people negatively.

    1. Good day
      Counseling is a very good option. A lot of resources and time gets spend before reaching the judge presiding over the matter. This issue is best to be resolved beforehand, to avoid the latter. We suggest you have an attorney approach him to try to meet with a counseller sooner than later.

  8. Good day is it possible if i have a court date and the case is uncontested the defending lawyers can threaten to come to come and defend the case or do they need to send me corresponding leters showing that they have defended the case since we did nt find anything on the case file showing they have defended the case.

  9. Good Day

    I made a down payment towards the house we bought which i have been making all the bond payments towards the house alone as we going through divorce can i claim for that down payment against her which i got from my family or do they need to sue both of us so they can recover the down payment money they gave me. We married in community of property.

    1. Good day
      I presume the Joint estate received the deposit. In that case, both of you are responsible to pay it. The family would have to claim it from you both.

  10. My wife and I are busy with a contested divorce. I filed and she contested. Married out of Community with ANC without accrual.
    Her lawyer now subpoena my broker and my accountant to declare values of my annuities and new start up business as they want to claim half of my annuitites for one. Is this possible? She never made any contribution to the household,, I paid for everything. She did have a job but used the money on herself. We have kids and went through the family advocate where it was recommended that I be awarded primary custody of the children. We are separated and stay at different addresses and the children see her every 2nd weekend.
    Can she still claim half of my assets or annuities?

    1. Good day

      As she has lawyers, there must be some legal basis on which they are laying claim to it. However, normally, if you married out of community of property and without the Accrual, there is no claim. We suggest you set up legal advice consult with an attorney to assert the issues. You may follow this link, http://www.ourlawyer.co.za/advice .

  11. Hi

    My husband told my family that he filed for divorce in March 2019. It is now mid July 2019 and I have not yet received the divorce papers from the sheriff of the court. I have a fixed home and work address and I am available at most times. Is it normal for the delivery to take this long? How can I go about tracking the progress of this divorce?

  12. thanks for the response what about the debt she mentioned that i cant expect her to pay for the debt that i have even when we married n community of property she says i must prove that the debt was made for the marriage is this correct, how is debt dealt with in community of property

  13. Hi
    we married in community of property and getting a divorce with 3 minors in the marrage, i want everything to be shared 50/50 but the ex wifes says i cant have the house, i have to leave the house for the minors and not get my share is this leaggly correct can the court force me to leave the house and not sell it because we have minors

  14. good day,

    we married community in property, we cannot reach a settlement agreement, rule 43 is in place in terms of maintenance and visitation of 2 minor children. trial date is set for SEptember 2019. what happens on the trail date and when is final divorce decree issued

    1. Good day

      On the Trial day each party will have to prove their case. Regarding the final decree, it would depend on how long the judge needs to decide on the matter.

  15. HI I HAVE RECEIVE THE SUMMONS LAST YEAR SEPTEMBER, AND EVEN TODAY I NEVER RECEIVED A DATE FOR A TRIAL, FOR A DIVORCE, AFTER THAT THE PLAINTIFF IS SAYING THAT THE COURT MISSPLACED A FILE, I NEED TO KNOW WHAT WLL HAPPEN NOW, HOW LONG DOES IT TAKE TO GET A DATE FOR A TRIAL, IT HAS BEEN 8 MONTH NOW, IS THIS NORMAL

    1. Good day
      A divorce can take a very long time if the parties does not finalise it. Seeing that the other side is not finalising it, you need to go to court and finalise your matter.

  16. we are married in community of property. divorce proceedings started in sept 2017. most of the debt was in my name. while we were married we always split everything. the month i left he stopped paying all together any debt. after 17 months he still has not given a cent. our divorce has still not reached a point. my credit score has gone from 897 to just under 400. i cant even apply for a small loan. my question is this. can i get back payments on debt i paid? that he pays at least half. and then any outstanding debt to be split? thank you

    1. As you are were married in community of property, you are both liable for the debt. If you pay for it, you can claim half back from him.

  17. My husband was served the summons today, what is the time frame before I go to court for the final hearing?

    1. Good day
      You need to ask the clerk or registrar of the specific court where their trial dates are lying. It also depends if the case is defended and if there are any delays in the finalisation of the matter.

    2. No need to respond my lawyer just confirmed that my divorce will the through by end of March whoop whoop.

  18. Hi, my divorce was finalised in August 2018 but I still haven’t received the divorce decree. How long does it take?

    1. Good day
      You need to ask the specific court why is it taking so long. Usually, it takes a few days, up to 2 weeks. As we said, it depends on the specific court.

  19. Hi.

    My sister-in-law is married in community of property and it has now come out that her soon to be ex husband put a tracker on her car, either himself or via an investigator, and wants enter this into evidence against her. He is alleging an affair on her side which is completely untrue.

    Is he within his rights to do this without her consent?

    Thank you in advance.

  20. good day i am mantaining the child finaciallty but mu spouse does not want me to have access to my child it hass been for 5 moths now withou t seeing my child what must i do

  21. i s ther any possibility that i can file the plea for replication against the plaintiff, and the other thing how long does the dicovery takes

    1. Good day.
      We advise that you have an attorney look at your documents and advise you on what next pleading to file.
      Discovery can take a few weeks depending on the lawyers involved.

  22. Good Day

    i have a divorce decree that i cant use to get my ex husband pension funds , what will it take to get it amended? to specify 50 percent instead of what is written divisional of joint estate?

    Thank you

  23. Good day, I need some advice please. I have been divorced for 3 years now and in the divorce decree it states that my ex must keep me on the medical aid to ensure I have medical cover. He now wants to cancel the medical aid, he says he cannot afford it. What are my rights, can I claim anything from him? Thank you.

  24. good day

    i would like to know what happens next after the plaintiff files replication plea

  25. Good day

    I want to file for divorce. I want to know however if there is a way that i can do it without going to court myself or my spouse.

    1. Good day
      One spouse needs to appear in Court on the day of the divorce. It is best to get a lawyer on board to sort out all the legalities, and then only on the hearing date, one party appears.

  26. Good Day,

    I got divorced almost 19 years ago. My divorce decree states that our house should be sold. My ex and I agreed that I can have the house as he was unemployed and could not pay maintenance. He signed an affidavit at the police station ceding all rights to me. I lost the original of that affidavit however I do still have copies. He has recently sent me legal docs claiming his share. I no longer live at that property as I too lost my job and currently have my brother residing at the property until such a time where our son is able to work and sustain that property.

    Can my ex force me to follow through with the divorce decree? And will the affidavit copy stand in court?

  27. Good day

    I have filed for a divorce and apparently my spouse is contesting it, i only found that out when i went to court to get a date and they say i need to wait for a letter via post advising me of what exactly she is contesting. why was it posted and not brought to me by the sheriffs or how does it work if someone is contesting

    1. Good day. Only the summons is sent via the sheriff of the court. All other documentation is sent by delivering it to your address in person, via post or via email. Seeing that your spouse is contesting the divorce, we advise that you seek the assistance of a lawyer.

  28. hy i need to know how long does it takes to set the matter to court and to get the date for the trial about the divorce

  29. Hi there…divorce was finalised last year in April..The judgement was half share in the estate..My ex is remarried now so I would like to be paid out my share of the estate..how do I proceed also maintaince is not being paid on time and I would like to increase it..advice please..thanks

    1. Good day. You and your husband, must come to an agreement on how to divide the estate. If the cannot happen, you would need to approach the court to appoint a liquidator. Regarding Maintenance, it may be best to approach the maintenance court. If you wish, set up a consultation with us.

  30. Good day

    i want to know what will happen if my spouse is refusing to sign the settlement agreement, i am paying for mantainance for the minor child,1200, and i need to know how long does it takes to set the matter to court, she is giving us run around

    1. Good day
      If your spouse does not want to sign the settlement agreement, the divorce must proceed as if it is defended. You cannot force a spouse to sign. The Court would then make a ruling.

  31. In February of this year I instituted divorce action. In March I applied for interim maintenance, which application was granted. In October I withdrew the divorce action in an attempt to reconcile, my ex however continued, under the same case number and on the basis of his counterclaim, with the action. Is the interim order still in force? What is the quickest, cheapest method of having this confirmed in court?

    1. Good day
      We presume you are referring to a Rule 43 Application in the High Court or Rule 58 Application in the Magistrates Court. The interim order can only be confirmed once the divorce is finalised. The court hearing the divorce would make that decision.

  32. Good day. I decided to give our marriage another chance after filing for divorce in 2016 My husband would not agree to an amicable settlement. However my husband has been having an affair since 2016 and will not break it off. He has been moving in and out and recently again moved out our rented residence . I have just received an email saying he will cancel my medical membership if I am not nice . Can he do this and because i withdrew the case in 2017 may i issue a summons with a new settlement. Do I have to allow him to move back again. He is abusive and i had a restraining order before. Im 56 years old and this stress is too much we have been married for 15 years. He is 9 years younger than me. Please assist me kind regards Mandy

    1. Good day
      Your matter sounds very complicated. We advise that you speak to a lawyer face to face regarding it. You may, however, approach the maintenance court if he removes you from his medical aid. And yes, you can issue divorce again with new terms.

  33. Good day,

    The father of my 9year old son was recently fired from work and is now just shrugging his shoulders and leaving me to pay for everything. We do not have a maintenance court order in place… what are my rights now? Will I even be able to collect “arrears” from him once he works again? .. I am very concerned!

    1. Good day
      You can still approach the maintenance court. They can proceed against his parents if he cannot find a job. As there is no order in place, you can claim for pass expenses.

  34. Hi, my wife want to divorce because she unhappy. She want to pay me out on our house but i want to sell house. Can the court order her to sell house as both our names on the house. married out of community with accrual. Or can court order me to accept to be paid out.

    1. There is no need to sell if she is willing to pay you half the value. If however, you can’t come to an agreement, the house must be placed on auction and both might lose out.

  35. Good morning
    I have taken the liberty of addressing my query to you from Italy after researching online.
    Please can you confirm whether a final order of divorce would be printed on an official Supreme Court document and that it would be signed and stamped. The copy that has been presented to me merely states that ‘the marriage is dissolved and that the settlement agreement has been made an Order of Court’. This document is not dated signed or stamped.

  36. Good day. Could you kindly advise if whether a spouse to a marriage out of community of property excluding the accrual system can claim legal costs from the other upon dissolution of the said marriage?

  37. Good Day,

    I filed for divorce 7 years ago, can I cancel it? I do not want to give my wife what I offered 8 years ago. Circumstances changed since then.

  38. My husband was physically abusive and he does not want to sign a parenting plan re our daughter. He refuses to give an address where he lives. The only one I have is in a different province belonging to his parents where he does not live for long. He himself does not have a fixed residential or work address. He has also changed his telephone numbers, ignores all correspondence regarding our divorce but wants to be able to remove our daughter from the school premises to spend time with her. I have been making 100% of the decisions and supporting our child financially 100%. I am afraid he will kidnap her and I will not be able to track him or her down. I am seeking sole guardianship with supervised access because of his abuse. Can I request that the school not allow him to take her off the property? He can see her but not leave with her. What information should I give the school as the divorce is not final yet and I don’t have a court order as yet?

  39. If I started with the divorce and would rather not want to go ahead what do I do? I already gave in our marriage certificate, so do I finish the divorce where we then say we would like to go for counseling or what can we do?

    1. Good day

      You can withdraw your action at any time before the divorce is granted. If you have an attorney, he needs to file a notice of withdrawal. If not, you should do so.

      1. Is there a time limit on this paperwork for divorce, in other words if the counseling does not work can I still go ahead or do I have to re apply?

  40. Which one is cheaper for turning my marriage regime from COP to ANC. Getting divorced and remarry with ANC or just going through the process of conversion

    1. Good day
      A divorce and remarriage would be the cheaper option. But then you would have to state under oath the marriage has broken down which is not correct. We would, however, advise the conversion.

  41. Which one is cheaper for turning my marriage regime from COP to ANC. Getting divorced and remarry with ANC or just going through the process of conversion

    1. Good day
      A divorce and remarriage would be the cheaper option. But then you would have to state under oath the marriage has broken down which is not correct. We would, however, advise the conversion.

  42. Hi good day after a loved one passed away and the transfer of her house was not finilise meaning the laywers was almost ready for lodgement and registering it to the new owners but she passed away before that could happen. she had a last will and testament so the sale will still go on but i want to know how long does the whole process take

  43. Good day after my mom divorced and she get her divorced papers they sold her house wich the court granted her but before the transfer of the house happen to the new oweners she passed away.when we go to homeafairs to register her death we were told she never register her divorced so we submit her divorced dokuments and were told it wil take a while to get her deathsertificate.but now her ex husband is claiming if the divorced was never register by homeafairs than he is stil antitled to her house and want to stop the sale of the house.can he do that

    1. Good day
      The registration of the divorce at Home Affairs does not affect the divorce. The House still falls under her estate as per the divorce order.

  44. Good morning, Is there a way to save my GEPF from being withdrawn by my husband, the matter is still with attorney set down for pre-trial, I left home due to an abusive husband, who at some point withdrew his pension with the fear that I might divorce him, it was 4 years ago?

    1. Good day
      If you are married in Community of Property, the pension forms part of the Joint Estate. It may be best to discuss your concerns with a divorce lawyer to explore if there are any other options available in your specific case.

  45. Hi, I am a foreigner with permanent residence married for 15 years in COP with 4 children, all South Africans. My wife got her permanent residence last year December 2017 on accompanying spouse and 3 months down the line, she asked for divorce, before even contacting any lawyer, she abandoned me with all the kids and went back to her parents overseas for the past 5 months. She left me with all the debts contracted together and now all my assets have been repossessed. What’s the law says in this case, especially about her visa and the debts?

    1. Good day
      The joint estate is responsible for the debts. So whatever you and her own, belongs to the Joint Estate and the creditors can enforce their rights against whatever you have. Regarding the Visa, you may have to speak to the department of home affairs about your specific issue.

  46. Hi, I am a foreigner with a PR and married in community of properties for 15 years with 4 kids who are all South Africans, last year December 2017, my wife got a PR on accompanying spouse visa. Two months after that, meaning February she started asking for divorce and left me with the kids. She went back to her parents but hasn’t yet filed for divorce. On her PR, it says that I can cancel her visa, has she has been out of our life for the past 5 months!!! Now, I am having problems with all the debts we contracted together and it’s difficult for me to buy new properties because of the community of properties . How can I cancel her Permanent Residence???

  47. Good Day

    I would like to inquire ion the following please.
    Once you have been server with a divorce summons from court and you and your spouse’ lawyers are in the process of a settlement and cannot reach an agreement, is your spouse allowed to go to another court to file for a separate or another divorce summons without your knowledge and change to new lawyers that disregards the previous court summons?

    Thank You in Advance.

  48. Ten days (working days) ago my soon to be ex was served the divorce papers by the Sheriff. He didn’t appeal or defend this, when can I apply for a Court date?

    1. Good day
      It depends on which court it is. But if 10 days was the date for your spouse to file their notice of intention to defend and it did not happen, then you can immediately set the matter down. You, however, need to check with the registrar or clerk of the court.

    1. There must be a good reason why you want to rescind the divorce order. One could be fraud on the part of the Plaintiff. It is best to consult with a lawyer on this issue.

  49. Am married in community of property and my wife already stays with another man for 5 months now our divorce is still pending further more she forced my parents to give her furniture they gave her and she’s now contesting the divorce what will happen in this situation as this Thursday we are going for kids custody

    1. It seems that the marriage is over. As you are married in community of property, the joint estate must be divided. As for the kids, the court would decide what is best for them.

  50. Thank you for your response. He said he can get a SAP205 ( not sure what that is) then he does not need my consent to pull the tracking.

  51. Thank you for your response. He said he is going to get a SAP205 ( dont know what that is) then he does not need my consent to do it

  52. I am busy getting a divorce. Our son stays with me. And goes to his dad every second weekend. He wants to now pull the tracking report on my car for the weekends my son is with me. Is that allowed?

  53. I divorced in October 2016, got someone to take over my house payments and split the proceeds with ex. She hasn’t sold our car and denies me visitation of my daughter. Please help

  54. Good day
    How long does it usually take for the High Court to sign the final divorce order once the final court hearing has happened? My attorney advised that they are still waiting for Pretoria High Court to sign my final divorce order. It’s been almost two years. Is this normal? And where or what can I do to follow up on this matter? Thank you

  55. My husband has been diagnosed as a sociopath and he has now resorted to brainwashing our 4 year old daughter when he sees her. He was physically, emotionally, financially and verbally abusive during our marriage and has never contributed financially to our daughter and won’t agree to any type of parenting plan. Are these sufficient grounds for me to be awarded full legal custody and only supervised visitation for him.

    1. The court would have to make that decision. We can only guess. The court would determine what is in the child’s best interests after hearing and considering all the facts.

  56. Good day

    Got married May 2018. Husband filed divorce September 2018.

    Does wife’s parents have right to sue husband for wedding expenses they carried in full?

  57. Hello,i am the plaintiff and defendant refused to sign the summons from the sherrif,,,but sometime later we met with family advocate and got report back from him,,my spouse is not working I am the only one supporting the kids,,,and now we got the set down date for trial, ,i need to know how long will it take to get decree,,,after trial in october 2018

  58. Hi.
    My husband wants to change the grounds/reason for divorce on the summons he was served with.
    Can we still do that and how do we go about doing it.
    Thanks

  59. My summons was issued in November 2017. My husband has been evading the sheriff since. Will the summons expire if the sheriff couldn’t trace him?

  60. My husband refuses to give an address for the sherriff to serve the summons. He is unemployed and is never in one place long enough to be able to serve him. I have tried asking friends of his and his family but none of them will give me an address to find him…how can we serve him the summons? He has been ducking and diving for almost a year now.

    1. The is something called substituted service. Speak to your attorney about it. It is possible to serve him via email or the newspaper with the court’s consent.

  61. My husband filed for a divorce in September 2016. We have finally reached a settlement agreement but I am told by my lawyer that my husband has lost the original summons and is unable to get the matter to sit down for hearing. My lawyer forwarded my copy of the summons to my husbands lawyer so that they can use it instead. What will the court require my husband to do since he doesn’t have the original documents and is there something I can also do as the defendant because I want this divorce to be through already. How long will this process take for us to get the date for court? The case is in Pretoria.

    1. An affidavit can be filed stating that original summons is missing and that there is a copy. There should not be any issues. If the court file is missing, a duplicate can be opened.

  62. Plaintiff & defendendent married A.N.C. excl accr for 19 years. Both parties have no pension interests & no residual value in estates as liabilities exceed assets. Both previously had earned well in long term employment. Current S.A. employment situation affecting permanent employment. Income derived from part time employment & piecemeal jobs. Plaintiff now 2 months permanently employed earning minimal net income. Combined summons registered, & served on defendent, return of service filed. Notice of intention to defend filed. Unsure if defendent filed plea as yet however defendent advised plaintiff verbally that a request is for life time alimony plea.
    1. How does plaintiff counter plea
    2. When can plaintiff request for set down date
    3. If both parties negotiate an amicable settment on alimony can each part submit a signed documented affidavit to court to this effect and can plaintiff then proceed with set down date.

    1. 1. We advise you see an attorney to assist you with the plea.
      2. Various courts have different rules. It may be best to check with your specific court.
      3. If they sign a consent paper, it can be made an order of the court.

  63. Hi, my lawyer detected that the divorce summon is defective. The plaintiff lawyer uses section of the act that has been repealed and some paragraphs are missing like from paragraph 8 the lawyer jumped to paragraph 11 and my laywer used this loophole on the plea to have the case thrown out of court. What are the implications?

  64. Hi there. What happens if the husband or wife evades service of the summons? Cant he divorce still go through on default?

  65. My mother got divorced 10 years ago and she did not contest the divorce because she was traumatized by the whole process. We had to move out of our family home she bought with my dad, she basically left with nothing from the divorce. I would like to know can she still contest the divorce after so long?

  66. Please assist. I have been divorced for 2 years now. We were married in community of property though I bought the house before. I want to sell the house now, does he have any rights to my house. The divorce decree is silent on immovable assets, just days we will keep our own movable assets in our names

    1. Seeing that you brought the house into the marriage, it formed part of the joint estate. If the divorce order is silent on the house, then he has a say to it. It is best to see a lawyer on this issue or call us on 0214243487.

  67. 8 weeks ago my husband and I signed the consent paper. Now he wants to have the consent paper amended. Is this possible?

  68. What can be done in the case where an ex was supposed to have a property transferred int her name by a certain date and his has not happened?

    1. You can approach the Court to force him to do so. If he still does not, the Sheriff can be instructed by the Court. It is best to see a lawyer for this.

  69. Hey
    Is it legal for a man to get married to someone else if he is still married in community of property to his first wife. Thank you.

  70. My one friend is trying to get the divorce finalise for 10 years now. The spouse refuses because she refuse to support herself. What should he do? He doesn’t want to leave as he want to get the divorced finalised in a decent manner.

    1. The divorce is a defended divorce. So it will have to go that route. The matter must then be set down for trial. That can be in a few months.

  71. I’m awaiting my court date in a amicable divorce. My current partner is seriously ill and wants to marry me asap but we are unsure of the time frames applicable after my day in court. Given the exceptional circumstances is there any way around waiting for the final decree so we can get married?

  72. my husband instigated and divorce and now says I should go collect the decree. he is now claiming furniture he bought but I did not sign any agreement form

  73. With my divorce in the decree my ex was ordered to purchase me a house to a certain value at a set date… what to do if he did not adhere to this

  74. Husband and I separated in Feb 2017. He refuses to provide any address to serve summons. Only communication is via watsapp…how does he get served?

  75. Hi I live in the U.K. But was married in South Africa. We have been slit for 8 years and now agreed to a divorce. Do I as the plaintiff have to go back to South Africa to attend court or can I get the divorce while staying in England by doing it all online???

    1. Good day

      Please call our office on 0214243487. Can we presume that the Defendant resides in South Africa? If the divorce is defended, then you would have to come to South Africa and present your case.

      1. Defendant is in South Africa and is happy to attend court in my place if that is acceptable? No property or children an uncontested divorce just want it sorted as simply as poss.

  76. Hi. I divorced 11 years ago and received a divorce decree. However 8 years ago I got married but was not asked to produce divorce decree.
    In the interim I have been unable to receive a marriage certificate from home affairs to date, its been 4-5 years and applied several times for a abridged and unabridged marriage certificate. No marriage certificate.
    My ID and passport is in my married surname.
    Does this mean my marriage is not valid > How would I go about to find out?

  77. Hi, I filed for divorce but everyting is still pending as he is contesting (not signing). After 6 months that he left the house I started seeing someone else. May he use that against me in any form since i am concerned about custody over my children.

  78. I’m out of the country and if my spouse should file for divorce does this mean that the court will go ahead if I am out of the country?

    1. If the Court is happy with the form of service, then the Court would go ahead. If one is out of the country, the court would usually authorize and edictal citation. They may service you via email etc.

  79. Good evening just a quick question what happens if I was divorced by my husband 2014 and he divorced me again in 2017 but I only found out now that he has left RSA,by doing so was to not pay maintenance seeing that he got away without paying arrears or maintenance no order nothing but draft order of 2014 states maintenance now he is in arrears but it came up I was divorced in 2014…but we were separated until now last year when he divorced me what now?

    1. As he is overseas, you need to approach the maintenance court for assistance. They would have to trace him an follow a different procedure to recover the maintenance.

  80. Hi there,

    I am the defendant in a divorce case but I would like to know how will I know if im divorced? I have not received official notice of a divorce date.

  81. I’m married in community of property and we divorcing but we recently bought a house jointly but I’m the only one contributing to the bond. we have agreed that I will keep the house. once we receive the decree what is the process of removing her name from the property documents at the bank (bond) and the deeds office. are there any fees to be paid for the change of ownership from two owners to only one both at the banks and the deeds office. tx

  82. Hi, we are married out of community of property with ANC without accrual. Im told that this has changed and now we have to split all assets but not liabilities. Is that correct?

  83. I got divorced on 27 January 2006. I have now found out that Home Affairs says I am not divorced. What happens now if I want to get married (2018).

    I noticed that there are no ID numbers, Logo or a date stamp on my papers. My ex wife refuses to give me a certified copy of her ID so that I can sort this problem out. Please can you come back to me urgently.

    I have found that there are numerous people in the same situation. Something has to be done about this.

    Kind Regards
    Dr Jean Buitendacht

  84. Hello, Home Affairs has not yet changed my Status from ‘married’ to ‘divorced’. I have twice given them a copy of my ‘Final Decree of Divorce’ but they are asking for the ‘Divorce Order’. Neither I nor my ex-husband received any other documents except the Final Decree and Settlement Terms as signed by us and issued in the High Court Cape Town. Is there a further document of Divorce Order and how do I get it if not through Home Affairs?

  85. Hi can i sell my house if my husband did not contest the divorce and im the one getting the house.the house is paid up….do i get a letter from the court stating that the house is mine or how do i go about it

  86. can my lawyer draft my divorce and send them to court without my signature, if so how long will it take for my spouse to be summoned because it’s been a month I spoke to my lawyer but no news from her till now.

  87. Hi. My husband says he won’t sign the divorce summons. What can I do? He was supposed to be served in January 2018 but always tell the sheriff he is out of town or insults them.

  88. I was married in 2017 ,when i went to check my married certificate in home affairs , I found that my husband is married with another woman.I did ask him and he said that he did not know about that marriage and he agree that woman was ex girlfriend.what he knew is that he did an engagement party with her family and her priest and he told that it an engagement signature not marriage signature.what should Ido?

  89. GOOD DAY. I am married in community of property and would like to find out how the assets are divide. there is no property. how exactly does this work. if for example my debt is 100 000.00 and his id 50 000.00. he has the family car worth 60 000.00 and mine 30 000.00. my household assets are 15 000.00 and his about 50 000.00. how exactly is this all split. I have internet surfed and even asked my lawyer but can never receive an exact answer. please help

    1. Basically you both have to come together and work out what the Joint estate is work (assets and liabilities) and then make sure both comes out with an equal amount. If assets must be sold, then that must happen.

  90. Hi. I am married in community of property. Divorce started in sept 2017. We have signed no papers and have not even yet gone to court. My husband went to bank in jan 2018 and took out a personal loan to the amount of 60 000.00. I was not phoned or informed about this. Bank says he signed a declaration stating he is legally divorced. My question is this. What legal action can be taken against him?

    1. Good day. Your attorney would be best to assess the situation. But if the facts allow, forfeiture of matrimonial benefits on his part may be an option.

  91. I am the party who request for a divorce and court date has been set for May. Can my husband withdraw the case because i have changed our 7rd old school to homeschooling?

  92. Just a quick question. How long does it take to request pre trial date. Please advise the waiting period

  93. Hi can i communicate to spouse that he is going to be served divorce papers and he needs to avail himself to receive it.

  94. If the final divorce decree was granted in August 2016 but I challenged the contents of the decree which was not successful. What else can I do in such a case?

  95. hi I handed my spouse a settlement agreement but did not yet file for divorce however she don’t want to sign,many things happened like adultery and she aborted a child and then after that she twice tried to commit suicide which landed her two times in a phsigriatic hospital and than she was diagnosed with Bipolar.I don’t have any children with her we have a house which I pay every month and she don’t work.I went through a lot of emotional stress and the one day she says she will sign the settlement and the other day not.What do you think is the best advice for me.

  96. Just a quick question. Plaintiff lives in Johannesburg. Summons will be issued out of Johannesburg High Court. Defendant words and resides in Umhlanaga, Kwa Zulu Natal. How many days do we give him to oppose the divorce if he so wishes?

  97. Hi i want to know if i can still take divorse papers to the sheriff to be served if i filed for divorse in June 2017

  98. Married COP. Defendant gave notice to defend. Only defended after notice of bar was issued. We now have lawyers and he does not want to prepare his discovery as asked by me lawyer. Can we proceed to go to court as we already have a court date. Does my lawyer have to force him to bring foward his discovery. I have done mine in response to his plea. My issue is that my court date keeps getting postponed by my lawyer

  99. What Happens with a house when the house is in both parties name but we are married Out of Community (ANC). Also only ONE party have contributed financialy towards the house monthly and also the deposit.

  100. Hi i wanna know if the bond house is not fully paid what is going to happen we have one child and we are married in community of property the child is 10months

    1. The Joint Estate would have to be divided. So the house may have to be sold. It can also be agreed that one party retains the house. However, then the bank would have an interest as to the future bond.

  101. I have received my combined summons,i am not contesting the divorce but i am contesting the wishes.do i still have to contest the divorce or is it a seperate matter? How do i contest?

  102. Can u please help with the question of estate division after dissolution of marriage in community of property; where an RDP government house was the only property. No kids. What should happen to the property with regard to divorce decree mentioning equal division of estate?

    1. If the house forms part of the Joint Estate, it must be sold and the proceeds divided between the divorced spouses. Otherwise, one spouse can pay the other spouse out. If they cannot come to any agreement, the property would have to be auctioned and the proceeds shared. One party may have to approach the court to appoint a liquidator.

  103. I never contested my divorce but my ex-spouse told me it was finalised. I never signed anything nor went to court. How do I know if the divorce decree has been signed by the court.

  104. Is there timeline to effect auctioning of property after getting a divorce order stating Division of joint estate as one of the orders? My divorce order was issued 24-07-2015. Since I was not working I couldn’t afford costs for sheriff to auction for equal sharing.

    1. There is not specific timeline unless it is stipulated in the divorce order. A reasonable time is expected. Its best to divide the joint estate ASAP to avoid any ownership issues and problems in the future.

  105. Hi just a quick question. …..my divorce was granted on the 6th October and my lawyer says it takes up to 2/4weeks to receive a divorce decree therea no kids involved n no claimings its already the 5th November n no response

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