family law south africa

What do I need to do?

An often heard plea.

Every working day hundreds of people get divorced throughout the RSA.

To get divorced costs money and there are no shortcuts.

Some people manage to use self-help/DIY sites on the internet and some also acquire the forms from the same source or pay an internet company to allow them to download the summons or other document forms.

This is however not the solution.

To get divorced is a formal and complex legal proceeding and process.

One has to know exactly what one is doing and why you are doing it.

How you go about getting divorced and what you get out of a divorce order at the end of the day is determined by a number of factors; some of which are the following:

  1. How you are married; ie in or out of community of property;
  2. How long you have been married;
  3. How many children there are;
  4. What assets there are in the marriage;
  5. What liabilities the parties have;
  6. Have both parties worked throughout the marriage or only for some of the time.

There are also numerous other factors to be borne in mind.

However a divorce need not cost an arm and a leg and there are ways of reducing the costs.

Rule 1: Do your homework and get all the correct details together.

Rule 2: Get good, clear, professional legal advice from a competent legal consultant or legal practitioner; who specialises in divorces.

Rule 3: Give the legal consultant clear details and instructions on what you would like out of the divorce and listen to their advice as to what you can claim and what you can legally hope to achieve in the divorce action.

Rule 4: Do not be greedy.

Rule 5: Get a written quote from them for the cost of the divorce from beginning to end; and if you are happy with the quote; accept it in writing.

Once again; we must stress that it is always advisable for you to seek prompt, proper and professional legal advice and also to secure reliable legal services when dealing with a divorce process as the factual and legal issues may be more complex than you think and the law and legal issues can sometimes be confusing and complicated.

If you have experienced difficulties with a marriage and want to get divorced; contact us at The Legal Advice Office at or send an email to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

Should you wish to comment on this or any other legal topic; just send us an e-mail; and we will respond within 48 hours; as stated above.

Thank you.

The Legal Advice Office Team.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304