You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to have a summons served. A divorce summons must be served personally on the defendant by the sheriff of the court.
Can I get a copy of my divorce decree online in South Africa?
There is no online access to South Africa’s divorce decrees. To obtain a copy of the original document, you must make an application to the High Court. For a divorce decree to be granted quickly, the divorce case number and the court where it was filed are required.
Where can I get a copy of my decree of divorce?
You can only get a copy of the divorce decree from the High Court in which the decree was issued. The court would require as many of the following details as possible to look up the particular decree: The divorce case number; The date of the divorce (day, month and year);
How long does it take to get a divorce decree in South Africa?
An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.
How do I find my divorce case number South Africa?
You will need to make an application at the High Court and obtain an original copy from them. The minimum information needed to obtain a divorce decree quickly is the divorce case number and the court in which it took place.
Are divorces public record?
As a legal document, you can’t have a public record erased. However, it’s important to note that as only the final order is classified as a public record, all other information pertaining to the divorce file is kept private and retained only by the court and the legal teams involved.
How can I check my marital status online South Africa?
Verifying your marital status You will need your South African ID number in order to use this facility. You can also sms the letter M followed by your ID number (example: M 5001010050080) to 32551 A reply sms will be sent back to your cellphone to confirm your marital status and the date of your marriage.
How do I check my divorce certificate online South Africa?
These documents are stamped and signed by the High Court or the court where the decree was issued. There seem to be many false rumours spread on the internet that lead people to believe that divorce records can be downloaded online from the Department of Home Affairs. But this is unfortunately not possible.
How long after divorce can you remarry in South Africa?
How Long After a Divorce Can You Remarry in South Africa? The dissolution of one marriage doesn’t necessarily equate to the failure of a subsequent marriage for many divorced individuals. Divorced individuals can choose to remarry. Additionally, there is no known set timeframe within which divorced people can remarry.
Do you need a divorce decree to get married in South Africa?
If any of the persons getting married are divorced, then the final decree of divorce should be furnished. If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted.
Can I be divorced and not know it?
Can you get a divorce without notifying your spouse? Generally, no. Although courts may make an exception if notifying your soon-to-be ex-spouse is not possible. In most instances, service of process on your spouse is required.
How much does a divorce cost in South Africa?
An uncontested divorce can cost anything between R800 and R20 000. The cost mostly depends on the complexity of the divorce settlement agreement and the complexity surrounding the care and contact of any minor children.
Can you divorce and remarry the same person?
Is it possible to get divorced and remarry the same person in the future? Yes, you can get divorced and later remarry your ex. In fact, it’s even more common than you might think. In some ways, second marriages to the same person can be more fruitful than first marriages.
What is a divorce decree in South Africa?
A decree of divorce is a summary of your divorce settlement. It serves as proof that your divorce was finalised in the South African High Court, and it’s signed and stamped by the court where the divorce was finalised.
Can a divorce decree be reversed in South Africa?
“However, a recent case has shown that this is not impossible.” An application to vary or rescind a divorce order must be done in the relevant court. It must be accompanied by an affidavit outlining the reasons for the application and justifying the variation.
Who can see divorce papers?
The simple answer is that only one document in your divorce files is available to the public: the Decree Absolute. The rest of the documents remain confidential between the parties, their representatives and the Court.
Are divorce settlements made public?
The only information that it contains is that you were once married, that the courts gave you permission for a divorce and that the divorce has been made absolute – final, without any condition or incumbrance. Only if you went to court to defend a petition would details of the divorce be available to the public.
Are divorce reasons public?
As such, the reasons for divorce are not made public. What is almost always publically available is the fact that you have actually been divorced. The decree absolute (commonly thought of as a divorce certificate) can be obtained by anyone, as with marriage or birth certificates.
How do you see if you are divorced?
To check if you are already divorced, you can contact the superior court office of the clerk in the county where the divorce might have happened.
How do I find marriage records for free?
FamilySearch is a free website with indexes and some images to many Family History Library vital records collections. GenWed is a free genealogical research database for marriage records and a directory to other marriage records online for the United States.
How do you check if you’re married?
The state office for vital records, or the state equivalent, provides access to marriage license records and issues official and certified copies of marriage documents to persons authorized by law to obtain them.
Can I get my divorce decree online?
You can only get a copy of the divorce decree from the High Court in which the decree was issued.
What happens to your marriage certificate when you get divorced?
Generally, the courts do not return marriage certificates following a divorce having been finalised as both the Petitioner and Respondent are sent a document (the aforementioned Decree Absolute) confirming that their marriage has legally ended.
How long does it take to get decree of divorce?
Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree. In most cases the attorney will only ask that the client bring his/her original marriage certificate to Court.
Can I sue my husband’s girlfriend in South Africa?
Can You Sue Your Husband’S Girlfriend In South Africa? Although adultery is not an option in South Africa, a court may award damages against someone who cheated on their spouse.