Divorce & Matrimonial Property in South Africa
Divorce is never easy. It can be an emotional and stressful process, and many people feel overwhelmed when faced with legal terms and procedures. At LMVH Attorneys, we aim to guide you through the process with clarity, dignity and compassion.
Below we explain, in simple terms, how divorce works in South Africa and what the different matrimonial property systems mean for you.
Divorce in South Africa – The Basics
A divorce legally brings a marriage to an end. In South Africa, there are two types of divorce:
- Contested Divorce – where the parties cannot agree on issues such as children, property, or maintenance. This usually takes longer and can be more costly.
- Uncontested Divorce – where the parties agree on all aspects of the divorce and the settlement is made an order of court. This is quicker, less expensive, and less stressful. Learn more about uncontested divorce
The main issues that must be resolved in any divorce are:
- Children – care, contact, and maintenance.
- Division of Assets – how property, savings, and debts are split.
- Spousal Maintenance – whether one spouse must contribute to the other’s support.
Matrimonial Property Systems in South Africa
Your matrimonial property system determines how assets and debts are divided at divorce. There are three main systems:
1. In Community of Property
- This is the default system if no antenuptial contract was signed before marriage.
- All assets and debts (before and during the marriage) form part of a joint estate.
- On divorce, the joint estate is divided equally.
2. Out of Community of Property without Accrual
- Each spouse keeps their own estate, both assets and debts.
- There is no sharing – what is yours remains yours, what is your spouse’s remains theirs.
3. Out of Community of Property with Accrual
- Each spouse has their own estate during the marriage.
- On divorce, the growth (“accrual”) of both estates during the marriage is calculated and shared fairly.
- This system is designed to protect both parties – for example, if one spouse stayed home to raise children while the other built a career.
Why Legal Guidance Matters
Understanding how these systems work can save you from costly mistakes. Divorce is not just about ending a marriage – it’s about securing your financial future and protecting your children. A knowledgeable attorney can help you:
- Clarify your rights and responsibilities.
- Negotiate a fair settlement.
- Ensure the court order properly reflects the agreement.
How We Can Help
At LMVH Attorneys, we guide clients through every step of the divorce process. We focus on practical, cost-effective solutions, always with your best interests at heart. Whether your matter is simple or complex, contested or uncontested, we are here to support you.
Contact us today to schedule a consultation and take the first step toward resolution.