I need information regarding getting a divorce
I have been married for 2 years. We have decided to get a divorce and we are married in community of property. We have an 8 year old. I am not sure how it all happens. Please explain to me
Category: Family Law, Divorces
Region: South Africa, Western Cape
1 Answer
In South Africa, only the Regional Magistrate’s and the High Courts can grant a decree if divorce. To commence divorce action, the divorcing party issues a summons which is served personally on the other party by the Sheriff of the court. The process is relatively straightforward but can be costly depending on whether it is contested or not. A divorce summons is unique in that it must be drafted in a particular form. Also, the court will be deeply involved in your action especially with addressing factors that would be in the best interest of your 8 year old child post divorce. The Family Advocate usually assist the court in this aspect. What you should do is to speak to a lawyer for a more detailed explanation and clarity. Thank you.