Anyone South African citizen that was married, but later divorced, should keep clear copies of their divorce order. The divorce decrees are vital documents that are needed as part of a number of legal procedures. If you do not currently have a copy of your divorce decree, Documentsauthentication.com can help you obtain a fully legal, High Court-stamped certificate/copy, provided you have information about your divorce.

Understanding Divorce In South Africa

1. Grounds For Divorce

In South Africa, there is only one ground for divorce: the irretrievable breakdown of the marriage. However, this ground can be proved in different ways, such as:

• Unreasonable conduct
• Adultery
• Desertion
• Separation for a continuous period of at least two years

2. Uncontested Divorce Vs. Contested Divorce

Divorces in South Africa can be either uncontested or contested. The divorce terms that are related the child’s custody rights, distribution of assets along with financial aid, is agreed by the spouses involved in a divorce without contest. On the other side, a disputed divorce happens when couples are unable to agree on certain issues, which triggers legal action to settle the disagreements.

3. Division Of Assets And Liabilities

If there is divorce case, the courts has to decide against the division of the couple’s assets and obligations. South African law follows the principle of equitable distribution, aiming to achieve a fair and just division of assets.

4. Child Custody And Support

The best interests of the kid are taken into consideration while deciding child custody issues. The court encourages joint parental responsibilities and shared custody whenever possible. The court will have to give his decision if the child’s parent didn’t make any decision.  Alongside both parents’ financial capacity, the judge will consider the child’s needs when deciding child support.

5. Spousal Maintenance

The court can give one spouse spousal support often referred to alimony or spousal maintenance and after considering various factors including the needs and the financial resources of both parties as well as the duration of marriage, and how well they live during the marriage. The court aims to provide support to a spouse who cannot adequately support themselves after the divorce.

What Is Divorce Decrees In South Africa?

The Decree of Divorce is essentially a summation of the divorce settlement. It confirms you divorced approved through the South African High Court. The certification is the main page on your divorce settlement with the signature of your High Court where the decree was granted. In some cases, it is referred to as decree absolute, or a decree absolute or the final divorce decree.

Finding a copy of your divorce decree can be a challenge when you have lost that original copy. Divorce decrees are not available on the internet as requests seeking copies have to be submitted to the High Court.

The Process Of Obtaining A Divorce Decrees

Step 1: Consultation With An Attorney: 

Schedule an appointment with an attorney for specialist in divorce and family law before you go to court. They’ll provide legal advice outlining your rights and obligations and guide through the divorce process.

Step 2: Drafting And Filing The Divorce Papers:

Once you’ve hired an attorney, they will assist you in preparing the necessary divorce papers. These include the summons, particulars of claim, and any other relevant documents required by the court. The attorney will ensure that the papers are accurately completed and comply with the legal requirements.

Step 3: Serving The Divorce Papers:

The spouse who is not the one to be served with divorce papers once they have been filed by the court. This is typically done by a sheriff or a process server who delivers the papers to the other spouse personally. Alternatively, if both parties are represented by attorneys, the papers can be served through the attorneys.

Step 4: Negotiations And Settlement:

Once the other spouse receives the divorce papers, they have a specified time to respond. The negotiation of the terms of a settlement can be conducted between spouses and attorneys in this moment. This agreement may cover issues such as division of assets, child custody, support, and spousal maintenance.

Step 5: Divorce Court Proceedings:

The divorce process will be decided by a judge when the spouses cannot agree on a settlement. The court will schedule a hearing where both parties present their case. The court will consider the evidence, legal arguments, and relevant factors to make decisions on issues such as division of assets, child custody, and support. A divorce decree is granted if it is determined by the judge all disputes have been resolved.

How Long Does It Takes To Obtain Divorce Decrees In South Africa?

In general, it takes between 1 to 2 weeks to get an order for divorce from the South African High Court, via a legal application. If you don’t have any details such as details about the number of cases, exact date of divorce, the ID numerals of all parties and so on. It could take longer.

It is crucial to note that docssa.co.za has a very high percentage of success when receiving divorce decrees. However, there are some rare instances of documents missing out of documents in the High Court archives. When this happens, there’s nothing anyone can do to assist you with obtaining an original divorce decree. The document will be reported as empty or lacking. In certain cases the registrar may reissue an unsigned divorce decree from an original copy of the document or a digital copy that the client has provided.

The Role Of The High Court In Divorce Matters In South Africa:

1. Jurisdiction Of The High Court:

Divorce Decrees cases are handled by high court in South Africa. In general, the High Court has jurisdiction when the divorce involves complex legal issues, substantial assets, or disputes that cannot be resolved in lower courts. To determine the court that has jurisdiction over your case, it’s important to consult an attorney since the requirements for jurisdiction can change according to the region or province.

2. Mediation And Alternative Dispute Resolution:

The High Court suggests parties to divorce proceedings to think about using mediation or other methods alternatives to dispute settlement (ADR) prior to proceeding to the court. Mediation is a process where a neutral third party, the mediator, assists the spouses in reaching a mutually acceptable agreement. ADR methods can help reduce conflict, save time and costs, and allow the parties to have more control over the outcome. While participation in mediation or ADR is not mandatory, it is strongly encouraged.

3. Litigating In The High Court:

The High Court will hear the case and will make a decision basing their decisions upon the arguments and evidence made by the parties, if the divorce dispute can’t be resolved through mediation or ADR. Litigation in the High Court involves adhering to the formal legal procedures, including filing the necessary court documents, presenting evidence, and making legal arguments. The judge will take into consideration the financial situation and children’s best interest, children as well as any other relevant aspects when deciding.

Can I Obtain Divorce Decrees Online?

The majority of jurisdictions restrict the access of public records. You may also be barred from accessing the decree in the event that you are not a party to the matter or the authorized representative on behalf of one party. This is the reason these documents aren’t available on the internet, or sometimes in person. A legal request must be submitted by a qualified person.

In the civil High Court, where your divorce was filed, is the place where divorce decrees are maintained in hardcopy and electronic formats. You’ll have to know your divorce case number to obtain the original version of your divorce certificate.

Need Help To Obtain Divorce Decrees

Documentsauthentication.com is a concierge service in South Africa that can help you get those documents within the shortest time possible. We can help you locate your documents and getting Apostilled and stamped copies made in the shortest time possible. We cooperate in conjunction with the 14 High Courts of South Africa. Documentsauthentication.com can and can assist over 95% of our clients by obtaining copies of divorce decrees.