[D169] THE DIVORCE PROCESS IN SOUTH AFRICA

The divorce process in South Africa can either be a quick and relatively straightforward procedure or a very long-winded one.
Marriages in South Africa must be dissolved by a court. You’ll need to prove that you and your spouse can no longer live together and won’t be able to resolve your differences

Uncontested Divorce:
The best option, if you can make it happen, is to do your divorce in an uncontested manner. An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce.
There is no formal trial, and only the plaintiff appears in court.
In an uncontested divorce, the parties agree prior to the divorce on how to divide their assets and, if there are children involved, which parent will become the parent of the primary residence and which will be the parent of the alternate residence.

A settlement agreement is then drafted with the help of the attorney, entered into (signed) by both parties, and made an order of the court. An uncontested divorce is without a doubt the least expensive type of divorce.

Mediation
It’s possible to go through mediation to help you reach a settlement with your spouse.
A mediator assists you in dividing your assets and in finding an agreement over child custody. They can write your settlement agreement. The agreement must be presented to the court when applying for the divorce.




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CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 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 Introduction
00:26 South Africa No-Fault Divorce Country
00:43 Courts
01:12 Settlement agreement
01: 25 Summary

=== RESOURCES CITED IN THIS VIDEO===
DIVORCE ACT – SOUTH AFRICA

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=== 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

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