Divorce is never easy—emotionally or legally. At Sphamandla Mthethwa Attorneys, we understand the stress and uncertainty involved. That’s why we’ve created this straightforward guide to help you understand the legal process of divorce in South Africa, especially if you are representing yourself.
1. Starting the Divorce Process
To initiate a divorce, you must go through the court system. This starts by completing a Divorce Summons (Form 2C). If minor children are involved, you will also complete Annexure A, which allows the Family Advocate to make recommendations in the best interests of the child, including:
- Custody (primary residence)
- Parental rights and responsibilities
- Visitation/contact rights
Important: All documents (except the summons) must be certified copies. The summons only needs to be signed and not certified.
2. Supporting Documents Required
You will need to attach:
- Certified copy of your ID
- Certified copy of your marriage certificate (original goes into the court file)
- A completed Stats Form (used for national statistics)
3. Issuing the Summons
Once your documents are in order, the court will:
- Open a file and issue a case number
- Keep a copy of the summons
- Hand you the original and two copies (one for you, one to serve on your spouse)
4. Serving the Summons
The summons must be personally served by a Sheriff with jurisdiction where your spouse lives or works.
- If you can’t find your spouse: Apply for substituted service (e.g., newspaper).
- If your spouse lives overseas: Use edictal citation.
If you are claiming from your spouse’s pension fund, notify the fund early in writing so your interest is noted.
5. If Your Spouse Defends the Divorce
- They have 10 days to file a notice of intention to defend.
- They then have 20 days to file a plea and counterclaim, if any.
- Both parties must exchange supporting documents (called discovery).
- The Family Advocate’s report should be filed by this stage if children are involved.
6. Pre-Trial and Trial
- Apply for a Pre-Trial date using Form RC21 (available from the General Office).
- The Pre-Trial simplifies the issues and confirms evidence and witnesses.
- A trial date is then set.
At the Trial, each party:
- Presents evidence and witnesses
- Can cross-examine the other’s witnesses
The court will then issue the final divorce order.
Conclusion
Deciding to end a marriage is a difficult and life-changing choice. But you don’t have to go through it alone. Whether you choose to represent yourself or want professional legal support, Sphamandla Mthethwa Attorneys is here to guide you through every step with clarity and compassion.
📞 Contact Us for More Information
Siphamandla Mthethwa
Admitted Attorney of the High Court of South Africa
📱 079 100 7506 // 078 7444 538
We are located at 379 Anton Lembede Street, Durban. Doone House, Suite 306.