There are three legal grounds for divorce in South Africa: mental illness, continuous unconsciousness and irretrievable breakdown of the marriage. The most common legal ground used is irretrievable breakdown of the marriage. South Africa has a no-fault divorce system. Which means that a person can file for divorce without having to prove that the other person did something wrong In other words a Judge sitting in a South African Court no longer has to see which party is at fault to grant a divorce. All the Judge has to see is that there is no prospect of the relationship continuing.
Examples of what is an irretrievable breakdown of the marriage: emotional, verbal, or physical abuse, if the other spouse has an addition problem like drugs or alcohol or gambling, or parties are no longer in love with each other. Remember these are just examples to show that the marriage has broken down. It does not mean you have to prove that your spouse is definitely at fault. All you saying to the Court is: You genuinely believe that there is no hope left for this marriage and that divorce is the only option The other two legal grounds, mental illness and continuous unconsciousness are quite rare because those you have to prove. To get a divorce, its best you go to your nearest Regional Magistrates Court. It is a faster process than the South African High Court.
=== ABOUT ASLAM MOOLLA === đź’Ľ Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 What are the three legal grounds for divorce in South Africa? 01:10 Ground 1 - Irretrievable breakdown of the marriage relationship 01:44 Explanation of no-fault divorce system in South Africa 03:40 Ground 2 – Incurable mental illness for a continuous period 04:20 Ground 3 - Continuous unconsciousness for a period of at least six months
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=== RESOURCES CITED IN THIS VIDEO=== The Divorce Act of 1979
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
