what is divorce and the irretrievable breakdown of a marriage?

WHAT IS DIVORCE AND THE IRRETRIEVABLE BREAKDOWN OF A MARRIAGE?

WHAT DOES A DIVORCE ENTAIL?
Divorce is the termination of a marital union or marriage. With the dissolution of the partnership comes the cessation and cancellation of legal duties and responsibilities of the marriage to the spouses. South African Divorce Law relies on a “no-fault” system of divorce. No-Fault Divorces is defined as a divorce in which the dissolution of a marriage doesn’t require the showing of wrongdoing by either spouse. Family Courts in South Africa can grant a divorce instituted by plaintiffs without them providing evidence that the defendant committed a breach of the marital contract. A divorce order in South Africa can be granted if the courts are satisfied that the marriage relationship between the spouses has broken down to such a state that there is no hope or a reasonable possibility of restoring the relationship to a normal marital relationship between them. South African Courts’ decisions on granting a divorce are thus based on the “irretrievable breakdown of marriage”.
WHAT IS DEFINED AS THE IRRETRIEVABLE BREAKDOWN OF A MARRIAGE
The irretrievable breakdown of a marriage, also referred to as the irremediable breakdown of the marriage, is a broad basis for divorce that is characterised by the development of incompatibility between spouses and the sole legal ground for a “no-fault” Divorce.

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