In South African law, a divorce is granted on the ground that the marriage has irretrievably broken down. The process differs depending on whether the parties agree.
Unopposed Divorce
An unopposed divorce happens when both spouses agree on all issues, including:
- Division of assets
- Child care and contact arrangements
- Child maintenance
- Spousal maintenance (if applicable)
The agreement is recorded in a settlement agreement and made an order of court. This process is generally faster, more cost-effective, and less emotionally damaging, particularly for children.
Opposed Divorce
An opposed divorce occurs where spouses cannot agree on one or more issues. Disputes often involve:
- Parental responsibilities and rights
- Primary residence and contact with children
- Division of joint estates or accrual claims
- Hidden assets in companies or trusts
- Spousal maintenance
In these cases, the court may require investigations by the Family Advocate, psychologists, or social workers to determine what is in the best interests of the child, which is the central principle in all children’s matters.