HOW TO GET DIVORCED IN SOUTH AFRICA IF THE OTHER SPOUSE IS LIVING ABROAD
By Shelton Mahandana
Divorce is a complex legal process, and when one or both spouses reside overseas while seeking to dissolve their marriage in South Africa, additional complexities arise.
Understanding the steps involved and the legal requirements is crucial for expediting the process and ensuring a fair outcome for both parties involved.
Legal Grounds for Divorce:
In South Africa, divorce can be granted on various grounds, including irretrievable breakdown of the marriage, adultery, abuse, or desertion.
The most common ground for divorce is irretrievable breakdown, which can be established through a period of separation or other evidence demonstrating the breakdown of the marriage.
Jurisdiction consideration:
South African courts have jurisdiction over divorce proceedings if one of the parties meets any of the following criteria:
- The party is domiciled in the area within the jurisdiction of the court at the time the divorce action is initiated.
- The party is ordinarily resident in the area within the jurisdiction of the court at the time the divorce action is initiated (at least one year before starting with the divorce process).
When the defendant resides in another country, the plaintiff must apply to the South African court for edictal citation. This requires demonstrating to the court that no other viable method of serving the summons is available, and that the Plaintiff has attempted to serve their spouse previously but failed (kindly note that divorce summons is required to be personally served on the Defendant).
Upon granting edictal citation, the plaintiff is authorized to serve the divorce summons to the spouse in the foreign country through local service. Subsequently, the defendant has one month to respond to the summons.
