How to Get a Free Divorce in South Africa?

Getting a free divorce in South Africa is possible, but it involves a specific legal process and may depend on your financial situation. Here’s how you can get one:

Ways to Get a Free Divorce in South Africa?

Below are some of the recommended ways to get a free divorce in South Africa:

Legal Aid South Africa

The best way to get a free divorce is through Legal Aid South Africa. This government agency provides legal assistance to those who cannot afford private lawyers. Here’s how it works:

1. Eligibility Criteria: You must meet the means test to qualify for Legal Aid. This means your monthly earnings should not exceed R8,000 (if you’re employed), or your assets shouldn’t be worth more than R128,000 if you’re a homeowner. If you don’t have a home, your assets shouldn’t be worth more than R64,000.
2. Application Process:

• Visit the nearest Legal Aid office in your area. You can find these offices in most towns and cities.
• Take proof of income, identity documents, and any marital documents such as the marriage certificate.
• You will have to fill out an application form. If you pass the means test, Legal Aid will assign a legal representative to help you with the divorce.

1. Uncontested Divorce: If you and your spouse agree on the terms of the divorce (e.g., child custody, division of assets, etc.), it’s called an uncontested divorce. This is the quickest and cheapest route because it doesn’t involve lengthy court battles. If Legal Aid represents you, the process can be done for free.
2. Contested Divorce: If there are disputes over children, assets, or maintenance, the process may take longer and involve more court dates. Legal Aid can still represent you for free, but contested divorces are generally more complex and may require more time.

Do-It-Yourself Divorce (DIY Divorce)

If you don’t qualify for Legal Aid, you can opt for a DIY divorce. This is typically free if the divorce is uncontested.

1. Download the Forms: The forms you need are available at your local Magistrate’s Court or on the Department of Justice website.
2. Filling the Forms: You’ll need to complete forms like the Summons, Particulars of Claim, and Notice of Set Down.
3. Serve the Papers: Once the forms are completed, you need to have the divorce papers served to your spouse. This can be done by the Sheriff of the Court (fees may apply if you’re not using Legal Aid).
4. Court Appearance: After the papers are served and there’s no opposition from your spouse, you’ll be given a court date. If the judge is satisfied with the agreements, they will grant the divorce on the same day.

Magistrate’s Court

You can also file for a divorce at the Magistrate’s Court. While this is not always free, the fees are generally much lower than hiring a private attorney. You can represent yourself, especially in uncontested divorces, but you’ll need to do the paperwork correctly and follow the court procedures.

Important Notes

• Child Custody and Maintenance: Even in a free or DIY divorce, issues related to child custody and maintenance must be dealt with. If you don’t have a formal agreement, the court will ensure that any arrangements made are in the best interest of the children.
• Timeframe: An uncontested divorce can take 6 weeks to 3 months, while a contested divorce may drag on for years depending on the complexity.
• Hidden Costs: While a free divorce through Legal Aid is possible, there might still be small fees involved, such as Sheriff fees to serve the papers. However, these costs are much lower compared to hiring a private lawyer.

To summarise:

• Legal Aid South Africa is your best bet for a free divorce if you qualify.
• Uncontested divorces are the easiest and cheapest route.
• DIY divorce is another option, but you need to manage all the paperwork yourself.

If you meet the criteria, a free divorce in South Africa is within reach. Just make sure you have all the necessary documentation and follow the correct legal steps.