A divorce action can be instituted at any High Court or Regional Court where parties or either of the parties are ordinarily resident or domiciled.

A marriage can may be dissolved by a Court by a decree of divorce and only on the grounds of irretrievably break down of marriage if it is satisfied that the marriage has reached such a state of disintegration that there are no reasonable prospects of the restoration of a normal marriage relationship between the parties, or either party is suffering from mental illness or continuous unconsciousness.

Any party can institute the divorce the proceedings. You will be entitled to the benefits arising from the marriage relationship irrespective of which party has instituted the divorce.

There is no specific time frame on which a divorce action can be finalized, it depends on the circumstances of each case and communication between or attitude of the parties. However, we at Sethunyane Attorneys will ensure that your case is given the attention it deserves and finalize the divorce expeditiously.