The common reasons for divorce in South Africa, often cited as irreconcilable differences, include communication breakdown, infidelity, financial stress, addiction, and growing apart. The Divorce Act 70 of 1979 allows the court to grant a divorce on the grounds of the irretrievable breakdown of the marriage, which is established where the parties have not lived together for a continuous period of one year, or where the court is satisfied that the marriage has broken down.
This page explains the common reasons for divorce in South Africa, the legal framework, and the practical process to follow. If you need help with a divorce matter, our Sandton-based Family Law team can assist.
What the law says about divorce
The Divorce Act 70 of 1979 allows the court to grant a divorce on the grounds of the irretrievable breakdown of the marriage. The Act does not require the parties to attribute fault to each other, and the Act does not require the parties to prove misconduct. The court will grant the divorce where the marriage has broken down irretrievably, and the parties have made a reasonable effort to reconcile.
The Act recognises the most common reasons for divorce, including the irretrievable breakdown of the marriage, the adultery of one party, the abuse of one party, the addiction of one party, and the desertion of one party. The court will weigh the actual facts of the matter and arrive at the appropriate order.
The most common reasons for divorce
The most common reasons for divorce in South Africa are listed below in the order they usually appear in practice.
- Communication breakdown, where the parties cannot communicate effectively and the relationship has broken down.
- Infidelity, where one party has had an affair and the relationship has broken down.
- Financial stress, where the parties cannot agree on the financial arrangements and the relationship has broken down.
- Addiction, where one party has an addiction and the relationship has broken down.
- Growing apart, where the parties have grown apart and the relationship has broken down.
Communication breakdown
Communication breakdown is the most common reason for divorce in South Africa. The breakdown can be the result of long-standing issues, a recent argument, or a fundamental disagreement about the way the marriage is conducted. The court will consider the breakdown as evidence of the irretrievable breakdown of the marriage.
The breakdown can be addressed by counseling or mediation, but the breakdown is often cited as the reason for the divorce. The court will weigh the breakdown against the parties’ efforts to reconcile, and the court will consider the breakdown in the division of the assets and the maintenance of the children.
Infidelity
Infidelity is the second most common reason for divorce in South Africa. The infidelity can be a single act or a pattern of behaviour, and the court will consider the infidelity as evidence of the irretrievable breakdown of the marriage.
The court will weigh the infidelity against the parties’ efforts to reconcile, and the court will consider the infidelity in the division of the assets and the maintenance of the children. The court can also make a forfeiture order under section 7(3) of the Divorce Act where the infidelity has contributed to the breakdown of the marriage.
Financial stress
Financial stress is the third most common reason for divorce in South Africa. The stress can be the result of debt, job loss, or disagreement about the financial arrangements. The court will consider the stress as evidence of the irretrievable breakdown of the marriage.
The court will weigh the stress against the parties’ efforts to reconcile, and the court will consider the stress in the division of the assets and the maintenance of the children. The court can also make a forfeiture order where the financial stress has been caused by the misconduct of one party.
Common Mistakes to Avoid
These are the patterns that leave parties with the wrong outcome.
- Skipping the grounds for divorce. The court will not grant the divorce without the grounds for the irretrievable breakdown.
- Failing to serve the summons. The court will not grant the divorce without proper service on the other party.
- Skipping the settlement agreement. The settlement agreement is the document that records the parties’ agreement on the terms of the divorce.
- Letting the dispute escalate. The right path is to engage with the other party and apply for variation where appropriate.
- Quitting the process before the decree is granted. The divorce is not final until the decree is granted.
Frequently Asked Questions
What are the common reasons for divorce in South Africa?
The common reasons for divorce in South Africa, often cited as irreconcilable differences, include communication breakdown, infidelity, financial stress, addiction, and growing apart. The Divorce Act 70 of 1979 allows the court to grant a divorce on the grounds of the irretrievable breakdown of the marriage.
Can a divorce be granted without a reason in South Africa?
The Divorce Act allows the court to grant a divorce on the grounds of the irretrievable breakdown of the marriage, which is established where the parties have not lived together for a continuous period of one year, or where the court is satisfied that the marriage has broken down.
What is the most common reason for divorce in South Africa?
Communication breakdown is the most common reason for divorce in South Africa. The breakdown can be the result of long-standing issues, a recent argument, or a fundamental disagreement about the way the marriage is conducted.
Is infidelity a ground for divorce in South Africa?
Infidelity is the second most common reason for divorce in South Africa. The court will consider the infidelity as evidence of the irretrievable breakdown of the marriage, and the court can make a forfeiture order under section 7(3) of the Divorce Act where the infidelity has contributed to the breakdown of the marriage.
How does financial stress affect the divorce in South Africa?
Financial stress is the third most common reason for divorce in South Africa. The court will consider the stress as evidence of the irretrievable breakdown of the marriage, and the court will weigh the stress in the division of the assets and the maintenance of the children.
Can a divorce be granted on the grounds of addiction?
Yes. Addiction is a ground for divorce in South Africa, where the addiction has contributed to the breakdown of the marriage. The court will consider the addiction as evidence of the irretrievable breakdown, and the court can make a forfeiture order where the addiction has been caused by the misconduct of one party.
What is the difference between irreconcilable differences and irretrievable breakdown?
Irreconcilable differences are the common reasons for divorce, including communication breakdown, infidelity, financial stress, and addiction. The irretrievable breakdown is the legal ground for divorce, which is established where the parties have not lived together for a continuous period of one year, or where the court is satisfied that the marriage has broken down.
Get help with your divorce. If you need help with a divorce, Otrebski Attorneys’ Family Law team in Sandton can assist. As a 100% women-led firm with a 5-star Google rating, we focus on compassionate, practical legal solutions for families.
Disclaimer. This article provides general information about the common reasons for divorce in South Africa. It is not legal advice and does not replace consultation with a qualified family attorney. The relevant law is set out in the Divorce Act 70 of 1979, which may be amended. Confirm the current position with the Department of Justice and Constitutional Development or speak to a family attorney before relying on anything in this article.