Divorce in South Africa: what to know before filing

Divorce in South Africa is rising, with over 22,000 cases recorded in 2023.

What happened

A new legal explainer from VDM Incorporated highlights how divorce works in South Africa, alongside updated data from Statistics South Africa.

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According to the Stats SA Marriages and Divorces 2023 report:

• 22,230 divorces were granted in 2023
• This is a 10.1% increase from the previous year
• The divorce rate reached 2.1 per 1,000 people — the highest in a decade

More than half of these divorces involved children, showing the wider social impact.

What you need to know

South Africa uses a no-fault divorce system
You do not need to prove adultery or wrongdoing. Courts only assess whether the marriage has broken down beyond repair.

There are three main types of divorce:

• Uncontested divorce
  • Fastest and cheapest
  • Both parties agree on finances and children
  • Can be finalised in weeks
• Mediation
  • Used when couples need help reaching agreement
  • Usually takes around three months
• Contested divorce
  • Goes through court
  • Can take months or years
  • Most expensive and stressful option

Living apart is not the same as divorce
Even if spouses separate for years, they are still legally married until a court grants a divorce.

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Common issues in divorce cases include:

• Division of property and assets
• Child custody and care arrangements
• Maintenance payments
• Pension and retirement benefits

Why it matters

According to Pondoland Times analysis, divorce is not just a legal process — it has direct financial and social consequences for households.

• Over 56% of divorces involve minor children
• Nearly half of marriages end within 10 years
• Most divorces are initiated by women

This means families need clear, accurate information to avoid long delays, financial loss, or harmful disputes.

For many people, misunderstanding the process can lead to:

• Higher legal costs
• Longer court battles
• Poor outcomes for children

What you should do next

If you are considering divorce:

1. Understand your options – uncontested, mediated, or contested
2. Check your marital regime – this affects how assets are divided
3. Seek legal advice early to avoid delays
4. Prioritise agreement where possible to reduce costs and stress
5. Focus on children’s best interests in all decisions

Choosing the right process early can save time, money, and emotional strain.

Where to get help

You can seek assistance from:

• Family law attorneys
• Accredited mediators
• Legal Aid South Africa (for qualifying individuals)

If children are involved, courts prioritise their welfare, and additional support may be required.