For divorce proceedings in South Africa to start, the parties must provide the court with certain documents:
- Marriage certificate or confirmation of marriage or affidavit from church confirming marriage.
- Identity documents of both spouses.
- Death certificate of the previous spouse, if applicable.
- Details of any children, including birth certificates and affidavits confirming their names and surnames (if they are adopted or not). The court requires these details to make an informed decision on whether maintenance should be ordered by the court, how much it should be and what type it should be. It is important that you have this information available when seeing legal counsel so that they can advise you accordingly.
- Full financial disclosure of each party, including proof of income, assets, debts and third-party liabilities.
Marriage certificate or confirmation of marriage or affidavit from church
- Marriage certificate or confirmation of marriage.
- Affidavit from church.
Identity documents of both spouses
Another document you will need to present is your identity documents. The following are examples of such documents:
- Passport.
- Driver’s license.
- Birth certificate and ID book.
Death certificate of the previous spouse, if applicable.
To get divorced in South Africa, you need to be able to prove that your previous marriage has ended. If you had children with your ex-spouse, then they will have their own proof of parentage, and this does not need to be provided by you.
If you are getting divorced as a result of the death of your spouse (known as “decree nisi”), then this can be proved by providing:
- A death certificate from the register office where the death occurred; or
- A Form D1 (issued by Statistics South Africa) which confirms that there was no change in marital status since their last census taken between 2001 and 2011 (an updated version of this form is available on our website).
Details of any children, including birth certificates and affidavits.
You will have to provide the court with details of any minor children (under 18 years old), including their birth certificate and affidavits from their school or daycare, health status, residence, financial needs and requirements for education.
Full financial disclosure of each party, including proof of income, assets, debts and third-party liabilities.
The court requires full disclosure to make a maintenance decision.
Settlement agreement if applicable. The settlement agreement is the most essential document in the divorce process as it outlines all the decisions that have been made between the parties regarding their divorce and property division (if applicable). It is a legally binding document that, once signed, can only be amended with consent from both parties.
Conclusion
Divorces are never easy, but if the two of you can come to an amicable agreement, the process will be easier for both of you. If not, try to keep in mind that there is light at the end of the tunnel and get through it as quickly and painlessly as possible. Scholtz Attorneys’ expert divorce lawyers based in Johannesburg, assist clients across South Africa in all divorce proceedings. Contact us today to book a consult.