[D101] LEGAL GROUNDS FOR DIVORCE IN SOUTH AFRICA - EXPLAINED BY DIVORCE ATTORNEY -

There are three legal grounds for divorce in South Africa: mental illness, continuous unconsciousness and irretrievable breakdown of the marriage. The most common legal ground used is irretrievable breakdown of the marriage. South Africa has a no-fault divorce system. Which means that a person can file for divorce without having to prove that the other person did something wrong In other words a Judge sitting in a South African Court no longer has to see which party is at fault to grant a divorce. All the Judge has to see is that there is no prospect of the relationship continuing.
Examples of what is an irretrievable breakdown of the marriage: emotional, verbal, or physical abuse, if the other spouse has an addition problem like drugs or alcohol or gambling, or parties are no longer in love with each other. Remember these are just examples to show that the marriage has broken down. It does not mean you have to prove that your spouse is definitely at fault. All you saying to the Court is: You genuinely believe that there is no hope left for this marriage and that divorce is the only option
The other two legal grounds, mental illness and continuous unconsciousness are quite rare because those you have to prove.
To get a divorce, its best you go to your nearest Regional Magistrates Court. It is a faster process than the South African High Court.
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CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 What are the three legal grounds for divorce in South Africa?
01:10 Ground 1 - Irretrievable breakdown of the marriage relationship
01:44 Explanation of no-fault divorce system in South Africa
03:40 Ground 2 - Incurable mental illness for a continuous period
04:20 Ground 3 - Continuous unconsciousness for a period of at least six months
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=== RESOURCES CITED IN THIS VIDEO===
The Divorce Act of 1979
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#divorcelawyer #groundsfordivorce #lawondivorce

[@barbrathompson9798]

Quickly pressed stop before the lion scared the heck out of me ha ha ha 😂 nice trick to make sure we awake,,,, thanks for advise
Very helpful

[@legalleaderssouthafricanfa6798]

🤣 you welcome

[@jessijacobs8]

Brilliant summary! Thank you so much 🙏🙏

[@selflove96]

Thank you for sharing, very helpful.

[@charliedearcos519]

There’s no way I can contact you my sister is going for a divorce in South Africa Johannesburg

[@legalleaderssouthafricanfa6798]

Hello Charlie
Whilst our Firm is based in Umhlanga, Durban - we do actually represent clients in Johannesburg as well. We can fly up or have the hearings done virtually. Either way we have the Lawyers on our team to assist.
To chat to a member of our team about your situation, please feel free to call us on 031 942 8863.
All the best!
Aslam Moolla
Legal Leaders SA

[@MalcolmDaniels-bg4ke]

Please i need advice my mother did buy me a house before marriage i was married for 3 months then my wife did move out of the house we now seperated for 8 years i did file for a divorce now now she is fighting with me she wanna claim the house she say i did abuse her for her defence and it is not true can she claims the half of the house only my name is on the title deed what is the chances

[@amanimotloung8521]

Were you married in or out of community property?

[@ramaeselaflora3043]

Can one divorce you without knowing?

[@legalleaderssouthafricanfa6798]

Hello Ramaesela
No this is not legal in terms of SA Law.