Valid reasons for Divorce in South Africa

 

In South Africa, there’s only one ground for divorce: irretrievable breakdown of the marriage. This means the court needs to be satisfied that your relationship has disintegrated to the point of no repair and there’s no reasonable prospect of reconciliation.

 

However, the Divorce Act outlines several circumstances that the court can consider as evidence of an irretrievable breakdown:

 

• ✅ Living Apart: You and your spouse haven’t lived together as husband and wife for a continuous period of at least one year immediately before filing for divorce.

 

• ✅ Adultery: While not an automatic reason for divorce, infidelity can be a strong indicator of a broken marriage.

 

• ✅ Desertion: If your spouse has deserted you for a significant period without explanation or intention to return.

 

• ✅  Mental Illness: One spouse has suffered from a continuous mental illness for at least two years, and there’s no reasonable prospect of recovery.

 

• ✅ Unconsciousness: If a spouse has been continuously unconscious for at least six months.

 

 

Important Points:

 

• You don’t necessarily need to prove one of these specific circumstances. The focus is on demonstrating the irretrievable breakdown of the marriage relationship.

 

 

• You can provide various pieces of evidence, including:

 

1. 1. ✅ Separation: Proof of living apart, such as separate residences or rental agreements.
   2. ✅ Communication Issues: Evidence of a lack of communication or attempts at reconciliation that failed.
   3. ✅ Financial Separation: Separate bank accounts or bills.
   4. ✅ Emotional Estrangement: Testimonies or statements about the emotional disconnect in the marriage.

 

 

Getting Help:

A lawyer specializing in family law can advise you on the best way to present evidence of an irretrievable breakdown in your specific situation. They can also help you navigate the legalities of the divorce process.