The Process

 

 

 

 

 

 

 

 

 

 

The Divorce Process in South Africa

The harsh reality in this day and age is that most couples do not see eye to eye in their relationships or rush into marriages only to realize that they cannot live with each other. Whether it is getting into a marriage for the wrong reasons or lack of individual identity, different priorities and interests, financial issues or simply an inability to resolve conflicts together couples are faced with an inescapable truth: DIVORCE!!

Dissolving a marriage is not as simple as breaking off a relationship and simply going separate ways, it is a legal process that must be recognised and approved in a court of law.

If you have unfortunately reached a point in your marriage where you and your partner believe that there are no other alternatives and divorce is your only option Chiba Attorneys is here to guide you through the legal steps involved in a simple and understandable manner.

STEP 1

ISSUE SUMMONS: Serve a divorce summons on your spouse- The plaintiff prepares summons setting out his/her claims with/without the help of an attorney

STEP 2

A Court issues the summons and a Sheriff serves the summons on the Defendant

STEP 3

The summons specifies the number of days in which the defendant has to file a notice of intention to defend  ie contest the divorce (10 days when the parties live within the jurisdiction of the Court or 20 days if they live in different provinces)

STEP 4

If the defendant does not answer by way of notice of defence within the allotted time, the plaintiff may approach the Court to enrol the divorce on the Court roll and conclude the divorce on the defendants’ default.