Areas of Law and Guides
Would you like a qualified Lawyer to assist you with your Divorce Law question today? Do you need advice regarding your divorce, maintenance, child support, access to your child, interim maintenance pending a divorce, or any other Family Law concern? Would you like a qualified Lawyer to assist you with your Divorce Law question today?
Marriage and Divorce Law
Divorce (or the dissolution of a marriage by a court) is results in the final termination of a marital union, cancelling the legal duties and responsibilities flowing from marriage and dissolving the bonds of matrimony between the parties. In South Africa, divorce requires the sanction of either the High Court or a specialist Divorce Court as it is an area of law that affects one's legal status.
The legal process for divorce may also involve issues of maintenance or spousal support, child custody, child support, distribution of property and division of debt.
Where the issues are not complex and the parties are cooperative, a settlement can often be negotiated between them, and the parties will be divorced based on this 'consent paper'. Where there are disputes of fact, on the other hand, the divorce must proceed through the court system.
Most recent Articles posted
Deadline to register customary marriages looms
With just five days left before the deadline, the Department of Home Affairs has urged couples with unregistered customary marriages to come forward and regularise their marital status before the special registration period closes on 31 August.
Wife’s ‘meal ticket’ maintenance reduced
The Western Cape High Court has significantly reduced a woman's interim maintenance claim during divorce proceedings after finding that she failed to make full and frank disclosure of her financial circumstances, reports Iol.
Deadline to register customary marriage looms
Couples in unregistered customary marriages have until 31 August 2026 to register these unions with the Department of Home Affairs.
Man ordered to reimburse ex-wife based on Islamic law
A woman has successfully convinced the court to force her ex-husband to reimburse her R96 780 for the financial support she provided during their brief marriage, reports TimesLIVE.
Wife not bound to support husband's child
The Gauteng High Court (Johannesburg) has dismissed an unemployed husband’s attempt to secure maintenance for a child born outside his marriage, ruling that his estranged wife has no legal obligation to support the child.
Judge lambasts 'selfish' husband in maintenance order
The Western Cape High Court this week criticised a wealthy husband for his selfishness for saying the wife must first seek financial support from her own parents before asking him for maintenance, reports The Mercury.
Divorced man ordered to support stepchildren
A man has failed in his attempt to be exempted from financially maintaining his ex-wife’s children.
Women’s increased maintenance bid implodes
A woman’s attempt to secure increased maintenance for herself and her two young children imploded after it emerged that she had overstated her financial hardship and failed to come clean about her true financial position, reports The Citizen.
Judge rules against quick divorce
The Gauteng High Court ( Johannesburg) has refused an application by a husband seeking an immediate divorce without first resolving the division of a joint estate, holding that a marriage in community of property cannot be dissolved independently of its proprietary consequences.
Black Coffee addresses ‘customary union’ concerns
Legendary DJ Black Coffee has addressed the legal storm that’s been brewing off-stage for years. The world-renowned producer took a rare, public swing at the narrative surrounding his split from actress Enhle Mbali Mlotshwa, specifically targeting the ‘customary marriage’ label that could cost him half his empire.
Counting the cost of ConCourt's antenuptial ruling
Last week’s Constitutional Court ruling has just made Nkosinathi ‘Black Coffee’ Maphumulo’s legal strategy a whole lot more expensive – and a lot less likely to succeed.
Marriages ruling could impact high-profile disputes
The Constitutional Court’s judgment on how customary marriages and later civil marriages interact, is already being read alongside other high-profile disputes, writes Marcus Moloko in Inside Politic.
Customary, civil marriages on equal footing
The Constitutional Court has ruled that SA law places customary and civil marriages on an equal legal footing, affirming the transformative purpose of the Recognition of Customary Marriages Act, and confirming that antenuptial contracts concluded after a customary marriage are legally valid.
Abusive husband loses share of home
His severe abuse of his wife throughout their marriage has caught up with a man after the Gauteng High Court (Pretoria) ruled he had forfeited all financial benefits accumulated during the marriage, including the family home, reports The Star.
Facebook post costs wife in divorce settlement
A Facebook post by a man’s estranged wife about her baby shower contributed to her forfeiting her half of his R2.3m pension fund benefits.
Divorcing woman loses bid to reverse eviction
A divorcing woman’s attempt to continue living in a matrimonial home failed after she turned to the courts to retain occupancy despite the home having already been sold.
Black Coffee divorce dispute heads to SCA
The six-year customary marriage and antenuptial contract dispute between actress Enhle Mbali Mlotshwa and DJ Black Coffee is heading to the Supreme Court of Appeal.
Attorney rebuked over paltry divorce settlement
A judge has delivered a scathing rebuke to a wealthy, retired attorney who tried to walk away from a three-decade marriage, leaving his wife with nothing more than a maintenance cheque and a demand that she be ordered to pay punitive legal costs.
Husband has right to sell family home, judge rules
In a bitter battle over a debt-ridden family home, the Western Cape High Court has stepped in to break a deadlock between a divorcing couple, ruling that the wife cannot stand in the way of a private sale that could save their collapsing joint estate.
Customary marriages must be dissolved in court
A customary marriage may begin with ancestral blessings, lobola payments and the union of two families – but when that union breaks down, tradition alone will not suffice.




