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Divorce (or the dissolution of marriage) in South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the ...
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
The law of divorce in South Africa is codified in the Divorce Act, 1979. The law provides for no-fault divorce based on the irretrievable breakdown of the marital relationship. The courts may accept any relevant evidence, but the law specifically mentions one year's separation, adultery, and habitual criminality as factors that may prove ...
According to Statistics South Africa, the number of divorces increased by 0.3% from 25,260 divorces granted in 2015 to 25,326 granted in 2016. About 44.4% of the 2016 divorces came from marriages that did not reach their tenth wedding anniversary. About 51.1% of divorces in 2016 were filed by women while men filed 34.2% divorce cases. [129]
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa .
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