Divorce is a life-altering event that brings emotional, financial, and legal challenges. It’s a time of uncertainty, where relationships are redefined, assets are divided, and futures are reshaped. In South Africa, divorce laws are designed to ensure fairness and protect the rights of both spouses, yet many people enter the process unaware of how it will affect them.
At Shapiro & Haasbroek Inc., we have walked this path with countless clients, helping them find clarity amid the confusion. Whether you’re considering divorce, currently going through one, or simply want to understand the legal implications, knowing your rights is the first step toward making informed decisions.
The Reality of Divorce in South Africa
Divorce rates in South Africa remain high, with thousands of marriages dissolving every year. According to Statistics South Africa, in 2021 alone, nearly 23,000 divorces were granted, with over half of them involving children under the age of 18.
Divorce is never just a legal matter—it carries deep emotional wounds, financial upheaval, and in some cases, drawn-out disputes over children, assets, and spousal support. Many couples begin the process amicably, only for unresolved tensions to surface, making the experience even more painful.
We have seen cases where one spouse was completely unaware of their legal rights, resulting in financial losses that could have been avoided. Others have entered divorce proceedings with unrealistic expectations, believing they are entitled to more—or less—than the law actually provides. That’s why legal guidance is so important.
How Divorce Works in South Africa
South Africa follows a no-fault divorce system, meaning that a marriage can be ended if it has broken down irretrievably—without having to prove wrongdoing. There are three recognised grounds for divorce:
- Irretrievable Breakdown – The most common reason. This includes prolonged separation, adultery, or abuse.
- Mental Illness – If one spouse has been institutionalised for at least two years without improvement.
- Continuous Unconsciousness – If a spouse has been in a permanent vegetative state for at least six months.
Once grounds for divorce are established, the process begins. There are three main types of divorce:
- Uncontested Divorce – The simplest and quickest option, where both parties agree on asset division, parental rights and responsibilities, and maintenance. It can be finalised within a few months and is far less costly.
- Mediated Divorce – A middle-ground option where a neutral third party helps the couple reach agreements on key issues before going to court.
- Contested Divorce – The most complex and expensive type. When spouses cannot agree on finances, children, or asset division, the matter is taken to court, often dragging on for years.
Your Rights in a Divorce
The division of assets, spousal maintenance, child custody, and even pension benefits depend on your marital regime. The law recognises three different marriage types:
- In Community of Property – All assets and debts are jointly owned and divided 50/50 upon divorce. This includes both assets gained and debts incurred during the marriage.
- Out of Community of Property (With Accrual) – Each spouse retains their pre-marriage assets, but anything acquired during the marriage is divided fairly at divorce.
- Out of Community of Property (Without Accrual) – Each spouse keeps everything they own, both before and during the marriage. No sharing of assets occurs, making financial separation much simpler. Getting more complex with possible section 7(3) claim
What about pension funds? Many people don’t realise that a spouse may have a claim to their partner’s pension, depending on their marriage contract. The Pension Funds Act allows a non-member spouse to receive their share of the pension immediately upon divorce, instead of waiting until retirement. This is a crucial factor in divorce settlements, especially for long-term marriages.
The Emotional & Financial Impact of Divorce
Divorce is one of the most stressful life events a person can go through. It’s not just the end of a relationship, but also a major financial shift. Many people find themselves facing:
- A loss of household income, requiring significant lifestyle adjustments.
- Increased expenses related to child support, legal fees, and new living arrangements.
- The emotional toll of starting over—many experience depression, anxiety, or loneliness.
Children are often the most affected. Studies show that kids from divorced families are more likely to struggle with emotional distress, academic difficulties, and behavioural problems if the divorce is highly conflict-driven. However, when handled amicably and with clear co-parenting structures, children can adjust well and thrive post-divorce.
Common Mistakes to Avoid in a Divorce
- Letting emotions control decisions – Anger or resentment can lead to poor financial choices that hurt you in the long run.
- Ignoring legal advice – Many people assume they “know” their rights, only to discover too late that they made uninformed decisions.
- Using children as bargaining tools – Courts prioritise the best interests of the child, not personal grievances.
- Underestimating financial impact – Many spouses fail to account for long-term financial security, such as retirement planning post-divorce.
- Rushing into agreements – Quick settlements may seem appealing but can leave you financially vulnerable.
Divorce doesn’t have to mean destruction. With the right legal support, you can protect your rights, secure your financial future, and ensure a fair outcome. At Shapiro & Haasbroek Inc., we help individuals navigate the complexities of divorce with expert legal guidance, tailored strategies, and compassionate support.
