Family Law Specialists

Uncontested divorces typically take 3-6 months from issuing summons to obtaining a decree. Contested divorces take longer—often 12-24 months or more depending on complexity and court delays. Settlement negotiations can sometimes resolve contested matters more quickly than proceeding to trial.

South Africa recognises “irretrievable breakdown” as grounds for divorce. You don’t need to prove fault (like adultery or abuse), though these can be relevant factors. If your marriage has broken down irretrievably and there’s no reasonable prospect of restoration, you have grounds for divorce.

It depends on your marital property regime. Marriages in community of property result in equal division of the joint estate. Marriages out of community with accrual require calculation of accrual in each estate during the marriage, with the smaller accrual sharing in the other’s growth. Marriages out of community without accrual mean each spouse keeps their own assets.

South African courts consider the best interests of the child standard, evaluating factors including each parent’s ability to meet the child’s needs, existing parent-child relationships, the child’s preferences (depending on age), stability, educational opportunities, and which arrangement promotes the child’s overall wellbeing. There’s no automatic preference for mothers.

Yes. Either party can apply to court for variation of maintenance orders if there’s been a material change in circumstances—for example, loss of employment, illness, remarriage, or change in children’s needs. The party seeking variation must prove the changed circumstances justify an increase, decrease, or termination of maintenance.

If you have a court order or parenting plan granting you contact rights, your ex-spouse is legally obligated to comply. If they refuse, you can apply to court for enforcement through contempt of court proceedings. The court can impose penalties including fines or imprisonment for willful non-compliance with contact orders.