Legal Articles

Worried about losing custody in divorce because you earn less than your husband? South African law protects mothers and puts children’s best interests first.

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Divorce doesn’t end parenting. Learn how South African co-parenting agreements work and how the law always puts the child’s best interests first.

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Divorce is never simple—but when one spouse is mentally ill or in a prolonged state of unconsciousness, the legal and ethical questions become far more complex. Can a person in such a vulnerable condition be divorced? And if so, are there any safeguards in place to protect them from being financially or legally exploited?

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South African courts will only dissolve a marriage under very specific circumstances. Either the relationship has broken down so completely that there is no chance of restoration, or one spouse is suffering from mental incapacity or continuous unconsciousness that makes the continuation of the marriage untenable. 

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A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.

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The proposed legislation aims to introduce changes to several existing laws that govern divorce in South Africa, starting with key revisions to the Divorce Act of 1979. These amendments are designed to align with updates made to the Mediation in Certain Divorce Matters Act of 1987, particularly in addressing how financial redistribution is handled after a decree of divorce.

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For many couples, the family home represents far more than bricks and mortar. It holds memories, a sense of security, and emotional significance — especially when children are involved.

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When parents separate or divorce, decisions about where a child will live, who will care for them, and how they will be supported are among the most difficult and emotionally charged.

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Divorce is one of the most emotionally and legally significant events a person can experience. Beyond the personal and family upheaval, it also involves a structured legal process that must be carefully followed to formally end a marriage in South Africa.

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Company shares, profit rights, intellectual property, and even business equipment can become part of the divorce negotiation. This not only affects the financial outcome for both spouses—it can also disrupt business operations, relationships with partners, and investor confidence.

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