Most South Africans get divorced within the first five to nine years of marriage and most of them are initiated by women.

The most common reason for divorce in South Africa is simply that couples are separating, closely followed by drug and alcohol abuse (cocaine use is prevalent), physical abuse and unemployment.

More recently, statistics show that financial difficulties are coming to light in the majority of divorce cases filed in the second half of 2007 to the beginning of 2008, while infidelity and miscommunication are mentioned less.

dissolution of marriages

As in most countries, married couples can dissolve their marriage through divorce, leaving the parties to legally remarry at a later date. The process depends on the state of the marriage. In South Africa, it is usually a civil marriage, in community property or outside community property. Some South African marriages are also customary marriages.

A civil marriage can be dissolved in accordance with the Divorce Law. Customary marriages are dissolved according to civil law but also according to custom and tradition.

address problems

Before filing for divorce, carefully consider your options:

* Can you reconcile?

* Do you need a lawyer?

* Can you accept a division of assets?

* Child support and custody?

* What about alimony?

* What are the costs?

Reconciliation

Most good lawyers will advise the petitioner to seek advice and explore reconciliation before filing for divorce, as the proceedings can be lengthy and expensive if both parties do not agree.

There are many paths to follow regarding reconciliation. FAMSA offers an excellent counseling and arbitration service to couples facing divorce.

choose a lawyer

A petitioner should first ask if they need a lawyer. If a couple agrees to proceed with a divorce, the petitioner can apply for a divorce in the local court for a fee of R120, a copy of their marriage certificate, a copy of their identification and their completed divorce papers.

If a couple can’t agree on divorce issues, it’s a good idea to seek legal advice, but keep in mind that every divorce case is different. Ask your lawyer about his specializations, his approach to divorce: is he tactical or aggressive? Most importantly, ask them to outline their fee structure up front.

Can you agree?

If the couple can agree on property division, child support and custody, then filing in the local court is the easiest option. Usually the court awards a 50:50 split anyway, so fighting up front only costs you money. Sit back and be practical. They both have to start over and what they lose in legal fees could be put to better use.

If you can agree, draw up the agreement and sign it and have it witnessed and attach it to your divorce petition. (Agreement)

Custody of minor children

Custody must be agreed upon before a court grants a divorce. Consider what is best for your children rationally. In most cases, the woman is usually awarded custody; however, it is not uncommon for a couple to agree that custody be awarded to the father. In African customary law, the father is usually the natural guardian of the children.

Regardless of custody, maintenance and visitation must be agreed and when a couple cannot or will not agree, the court will decide considering that all parents have a duty to support their children, including all illegitimate children.

Support issues can go to support court after the divorce is finalized.

Alimony

It is rare in South Africa for alimony to be awarded unless the spouse can prove that he or she is unable to earn a living, as he or she has been a spouse/parent since the beginning of the marriage and has no visible means of support.

Alimony is usually agreed upon by the couple for a certain period and is taken into account with the settlement agreement.

The costs

Getting divorced can be very expensive. It is advisable to apply for the divorce yourself through your local magistrates court to keep costs to a minimum. Agreeing to settlement, custody and maintenance in advance is the best solution in South Africa as it avoids the need for a lawyer and legal fees.

Newly released figures showed last year’s divorce rate was the lowest yet, and analysts say economic uncertainty has made unhappily married couples reluctant to part ways. Few couples get divorced during tough economic times because the attorney fees are simply too expensive, often leading to more financial problems for the couple as they enter their new lives.

best options

Go to your local magistrates court and ask for their help. It’s reasonable and just as efficient.