International Expat Divorce South Africa
A spouse living in South Africa is able to institute divorce proceedings through the divorce courts in South Africa if the other spouse lives as an expat overseas. The same applies when you are a South African citizen that lives overseas and one spouse resides in South Africa. In terms of the South African Divorce Act, a South African court will have jurisdiction where the parties or either of the parties are domiciled in the area of the court’s jurisdiction on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the date on which the action is instituted or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.
The above also implies that foreigners (people who are not South African citizens) and who have been living in South Africa for more than a year, may divorce through the South African courts.
After service has taken place, your spouse will have a month to defend. If he ignores the summons or, if he defends it, after reaching settlement of the financial terms, the attorney can set the matter down for a trial date that has been pre-arranged.
To contact a Family Law Attorney who specialize in International Divorce cases in South Africa and who is able to finalise an uncontested international divorce in as little as 6 weeks, click the banner below.
The proprietary consequences of a marriage are governed by the lex domicilii matrimonii, that is the laws of the place where the husband was domiciled when the marriage was concluded. The law of the husband’s domicile at the time of the marriage governs the matrimonial property regime of the spouses even if the husband subsequently acquires a new domicile.
If for example the husband was domiciled in England at the time of the marriage and no Antenuptial contract was entered into in South Africa, the marriage will be in terms of English law. Should the parties later emigrate to SA, the marriage would remain out of community of property. Thus in a contested divorce where the husband was domiciled in England at the time of the marriage, a South African court is obliged to apply English law in respect of the patrimonial consequences of the divorce, i.e the division of the estate. Maintenance however and the aspects surrounding the children, like maintenance, care and contact will be dealt with in terms of South African law.
The above also implies that foreigners (people who are not South African citizens) and who have been living in South Africa for more than a year, may divorce through the South African courts.
After service has taken place, your spouse will have a month to defend. If he ignores the summons or, if he defends it, after reaching settlement of the financial terms, the attorney can set the matter down for a trial date that has been pre-arranged.
To contact a Family Law Attorney who specialize in International Divorce cases in South Africa and who is able to finalise an uncontested international divorce in as little as 6 weeks, click the banner below.
The proprietary consequences of a marriage are governed by the lex domicilii matrimonii, that is the laws of the place where the husband was domiciled when the marriage was concluded. The law of the husband’s domicile at the time of the marriage governs the matrimonial property regime of the spouses even if the husband subsequently acquires a new domicile.
If for example the husband was domiciled in England at the time of the marriage and no Antenuptial contract was entered into in South Africa, the marriage will be in terms of English law. Should the parties later emigrate to SA, the marriage would remain out of community of property. Thus in a contested divorce where the husband was domiciled in England at the time of the marriage, a South African court is obliged to apply English law in respect of the patrimonial consequences of the divorce, i.e the division of the estate. Maintenance however and the aspects surrounding the children, like maintenance, care and contact will be dealt with in terms of South African law.
