How common is divorce in South Africa?

Have you ever wondered how common divorce is in South Africa? It’s a question that touches on the lives of many families across the country. Divorce is something that happens in many communities and affects how families work. This article takes a closer look at how often divorce happens in South Africa, the reasons and the numbers behind divorce.

Overview of divorce in South Africa

In South Africa, the divorce rate has been fairly steady over the past few years. Following a decreasing trend from 2018 to 2020, in 2022, there were 20,196 completed divorces, an increase of 1,988 (10.9%) divorces compared to 2021.

Here are some other general trends in divorce in South Africa:

Age at divorce: The average age at divorce in South Africa is increasing. In 2009, the average age at divorce was 42 for men and 38 for women. Recent data suggests a significant shift in this trend, with the median age at the time of divorce being 46 years for males and 42 years for females. 

Length of marriages: Marriages in South Africa are experiencing a trend towards shorter durations. The average duration of marriages ending in divorce was 14 years in 2009. Recent statistics reveal that a significant proportion of divorces occurred in marriages lasting between 5 and 9 years. This indicates a decrease in the average length of marriages.

Table source: https://www.statssa.gov.za/publications/P0307/P03072022.pdf 

Common reasons for divorce

The most common reasons for divorce in South Africa are infidelity, lack of communication, and incompatibility. These factors have consistently contributed to marital dissolution, reflecting underlying issues in relationships.

  • Infidelity: Extramarital affairs are a common factor leading to the breakdown of trust and intimacy within a marriage.
  • Lack of communication: Inadequate communication between spouses can lead to misunderstandings, unresolved conflicts, and feelings of disconnection, ultimately eroding the foundation of the relationship.
  • Incompatibility: Differences in values, goals, interests can make it challenging for couples to sustain a fulfilling relationship.

Types of divorce 

In South Africa, there are three different types of divorces: Contested divorce, mediated divorce and uncontested divorce.

Contested divorce

Contested divorces happen when the spouses cannot reach an agreement on the terms and conditions of their divorce. Disagreements usually relate to the division of assets, custody of the children, and maintenance. 

Contested divorces often tend to take years to conclude. This can often cause an even greater emotional and financial stress on both parties.

Mediated divorce

A mediated divorce occurs when a couple is unable to agree a divorce settlement. The couple then employ the services of an attorney or mediator to help them negotiate and come to an agreement. The main purpose of the mediation is to help the parties pursue an uncontested divorce.

A mediated divorce is usually preferred over a contested divorce, as it can drastically reduce costs. With mediation, a divorce can often be finalised within 3 months.

Uncontested divorce

An uncontested divorce is the quickest and least expensive type of divorce. It can usually be finalised within 6 weeks, which minimises emotional stress on both parties. In an uncontested divorce, both parties agree on the terms of the divorce.

How much does divorce cost in South Africa?

The cost of a divorce in South Africa can vary widely depending on the nature of the divorce. Whether it is contested or uncontested, and the complexity of the case. 

For an uncontested divorce, where both parties agree on the terms and there is no need for extensive legal battles. Costs for an uncontested divorce can range between R8 000 and R15 000. This type of divorce is more straightforward and less expensive since it requires less legal intervention.

Contested divorces are when parties can’t agree on the terms of the divorce and require legal representation. A Contested divorce is more expensive, as legal assistance is required to settle disputes. Contested divorces usually result from disputes over assets, child custody, or maintenance. Lawyers may charge a minimum of R2 000 per hour for their services in these cases. This excludes the added costs of court attendance and mediation.

Additionally, the division of assets and liabilities is a major factor in the overall cost of a divorce. This process involves determining how the property, possessions, and debts acquired during the marriage will be distributed between the spouses. Hiring a lawyer for this part of the divorce process can vary in cost depending on the complexity of the case and the lawyer’s fees.

It’s important to discuss all costs and fees with your attorney upfront to get an accurate estimate based on your specific case. Be prepared for additional expenses such as fees for expert witnesses, or document preparation, court fees.

Ultimately, the cost of a divorce in South Africa is highly dependent on the individual circumstances of the case, and it is advisable to consult with a legal professional to get an accurate estimate of the potential costs involved.

What is Divorce Cover?

Divorce Cover provides financial protection for the costs associated with a divorce. In South Africa, Bidvest Insurance offers Legal Insurance that supports individuals through various legal matters, including divorce proceedings. Divorce is often a challenging and emotionally taxing process, and having the right financial protection can provide peace of mind during this difficult time.

How Divorce Cover Works

Legal Insurance from Bidvest Insurance gives you Divorce Cover. With our Legal Insurance, you get:

Financial protection

Divorce Cover helps cover the expenses related to divorce proceedings, such as legal fees, court costs, and other expenses. This financial support ensures that individuals have the necessary resources to navigate the divorce process without facing financial strain.

Guidance and support

With Legal Insurance from Bidvest Insurance, individuals receive guidance and support throughout the divorce process. Included in our policy is our 24-hour legal assistance line. You can contact us with any questions at any time of the day.

Unlimited mediation and advisory services

With Legal Insurance from Bidvest Insurance, you also get unlimited mediation and advisory services. This ensures you can seek expert guidance on legal matters related to divorce.

With Legal Insurance from Bidvest Insurance, individuals can navigate the divorce process with confidence, knowing that they have the necessary resources and support to protect their interests and secure their financial future.

Don’t let unforeseen legal issues disrupt your life. Protect yourself, your wallet, and your family with Legal Insurance.

Cover for you and for your car.

Bidvest Insurance offers a wide range of insurance products to meet both your personal and vehicular needs.

  • Legal Angel
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Simply complete your details so a Bidvest Insurance consultant can call you back to assist you.

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