HOW DO YOU DIVORCE IN A CUSTOMARY MARRIAGE IN SOUTH AFRICA?

HOW DO YOU DIVORCE IN A CUSTOMARY MARRIAGE IN SOUTH AFRICA?

In South Africa, customary marriages are recognized as a legal form of marriage. However, like any other form of marriage, they can come to an end through divorce. If you are in a customary marriage and considering divorce, it is important to understand the legal process and requirements.

Grounds for Divorce in a Customary Marriage A customary marriage can be dissolved through divorce. There are several grounds for divorce in a customary marriage, including:

Legal Process for Obtaining a Divorce in a Customary Marriage

1: Consult with a lawyer who specializes in family law to discuss your options.

2: Attempt mediation before filing for divorce to see if you can resolve any issues and come to an agreement on the terms of the divorce.

3: If mediation is unsuccessful, you will need to file a summons with the court. The summons must set out the grounds for the divorce and the relief that you are seeking.

4: Serve the summons. Once the summons has been filed, it must be served on your spouse.

5: If your spouse contests the divorce, you will need to attend court to present your case. The court will consider the evidence presented by both parties and make a decision on the divorce.

6:If the court grants the divorce, you will need to finalize the divorce by obtaining a decree of divorce. This document sets out the terms of the divorce and is binding.

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