You can divorce either before the regional court of the competent local court in your territory, or before the higher court. In special circumstances, you can have your marriage annulled. Annulment differs from divorce in that it not only dissolves the marriage, but also removes it from protocol. You don`t need to get your spouse`s permission to divorce. If your spouse is not willing to divorce, you can get a divorce without their consent. There is no legal separation in South Africa, even if you no longer live with your husband and are not divorced. According to the law, you are still married. Note: A standard divorce is similar to an undisputed/uncontradicted divorce. This works if your spouse doesn`t respond to the divorce at all. There are two types of divorces, contested divorces and uncontested divorces.
To begin the divorce process, you must receive a subpoena. A subpoena for divorce must be served personally on the defendant by the sheriff of the court. Do-it-yourself divorces are completed without the help of a lawyer and are therefore a much cheaper option. Divorce without a lawyer can be achieved in two ways: the undisputed divorce is the best and most profitable for all parties involved. It can be completed within 4 weeks. When a divorce is contested, it can take between 2 and 3 years, but most disputed divorces are settled well before the courts. For more information, please contact the Department of Justice and Constitutional Development. A civil marriage and an ordinary marriage must be dissolved by a court. .