South Africa’s divorce rate is around 40%, with most married couples getting divorced in their early to mid-forties. While divorce lawyers said that it seems to be an unfortunate part of life, do you know what the grounds for divorce are in SA?
As some of the best family law lawyers in Durban, we are fully aware of the different grounds for divorce in South Africa and we are here to shed some light on the topic.
Irretrievable Breakdown of the Marriage
The irretrievable breakdown of the marriage is one of the most common grounds for divorce, with parties not having to go into detailed explanations. The reasons behind an irretrievable breakdown of a marriage can differ from couple to couple and can range from one spouse simply not loving the other anymore to differences in beliefs to communication breakdowns.
The number one cause for divorce is cheating or infidelity, which most couples cannot get over and ultimately leads to an irretrievable breakdown of the marriage.
Incurable Mental Illness and Continous Unconsciousness
While incurable mental illness as a ground for divorce has somewhat fallen into disuse, it can still be used as grounds for divorce so long as the party in question has been incurably mentally ill for at least two years. When it comes to continuous unconsciousness, there should be a period of at least six months for this to count as grounds for divorce.
Period of Separation
In other countries, such as Australia, there needs to be a period of separation (often one year) before couples can file for divorce, and this separation needs to be proven. However, this is not the case in South Africa, where divorce summons can be issued while the couple is still living under the same roof.
Have you been looking for the best family law lawyers in Durban to assist you with your divorce or any other aspect of family law? Here at the Durban Law Offices, Karen Olivier and her expert team are passionate about justice. If you’d like to ask us a few questions about what we have to offer, we invite you to contact us today.