South Africa: Divorce

When a marriage unravels, the business notices first. Bank signatories go under the microscope, staff pick up whispers, a supplier asks whether your head is still in the game. Investors aren't judging your private life; they're weighing continuity risk.

South African couples married out of community of property with accrual retain separate estates during the marriage but share in the net growth of both estates on divorce.

When divorcing spouses cannot agree on what to do with jointly owned property, the deadlock can cause financial hardship – particularly for the spouse responsible for daily expenses and the care of minor children.

A recent Supreme Court of Appeal (SCA) ruling in KSL v AL ([2024] ZASCA 96) has clarified critical aspects of anti-dissipation interdicts in the context of divorce proceedings.

In South Africa, you must give formal notice to your spouse when filing for divorce. This notice is delivered in person by the sheriff of the court.

In South Africa, there is no such thing as legal separation. If you and your spouse have been estranged for 20 years but never legally divorced...

Namibia recently witnessed a groundbreaking decision by the Supreme Court regarding the legality of same-sex marriages in the country.

The default position of a marriage in South Africa is "in community of property" – also candidly described as, "what's mine, is yours". In other words, a joint estate forms between the spouses...

In most divorces, either one of or both the parties feel wronged and aggrieved by either having to share their assets, or having any assets included in the calculation of the accrual.