Divorce (also known as dissolution of marriage) is the process of terminating a marriage. This is the only manner, beside death, in which the legal duties and responsibilities of a marriage under the laws of the Republic may come to an end. In South Africa, all marriages can only be dissolved by a Decree of Divorce issued out of a competent court. People should also understand that even customary marriages can only be dissolved by a Decree of Divorce, other than death. Any marriage in which a spouse is still a party to a previous customary marriage which has not been dissolved by a decree of divorce or death is null and void ab initio (invalid from the start).

Divorce process will involve the distribution of assets/property based on the marital regime to which the parties thereto have ascribed to at the time they first entered into their marriage. i.e whether the marriage is in or out of community of property with or without accrual will determine how the assets and liabilities accumulated and incurred before or during the parties’ marriage will be shared. Divorce process will also deal with spousal maintenance, parental responsibilities and rights over minor children.

People should know that legal separation or de jure separation does not exist and have no effect in our laws. This is a legal process by which a married couple may formalize a de facto separation while remaining legally married. In other words all legal duties and responsibilities applies to spouses who have separated but are still married to each other the same way as spouses who are still living together.

Divorce commence by issuing combined summons out of a competent court which will then be served by way of a personal service by sheriff or by way of edictal or substitution service depending on circumstances. Pleadings and other process and applications may become necessary during this process up to and leading to close of pleadings. The matter will then be heard in court and a decree of divorce will then be issued. Parties can enter into a settlement agreement in regard to the distribution of the assets, parental responsibilities and rights, spousal maintenance and other relevant issues. This settlement will then be incorporated into and made a court order.

The finalisation of the divorce process may be the end or beginning of many foreseen or unforeseen challenges on the spouses who have just divorced. Properties may have to be sold to third parties or a spouse’s half share (50%) may have to be transferred to either of the spouse as a result of a sale where a spouse is buying the other spouse out or as a result of a settlement agreement. There may be a need of substitution of mortgagor/bond and endorsement of a title deed, and other process. Sometimes the need to appoint a receiver and liquidator may arise and parties will then head back to court for this application.

We know that this process is emotionally draining and will financially have effect on your pocket and that is why we strive to be honest with you from the first consultation with us about the reasonable possible outcome of your divorce matter. We understand that many people want things to go their way during and after this process but are realistic and try all our best to act to meet your expectations, minimising your potential losses and emotional strain.

Whether your divorce is contested or uncontested, Mavhengani Attorneys Inc is your attorneys of choice. We have a dedicated expert Attorney in this field who is waiting for your instructions.

Mavhengani Attorneys Inc.
Attorneys, Notaries & Conveyancers
Tel. 011 845 7940
Cell. 074 434 6085
Email. info@mavhenganiattorneys.co.za