Grounds for Divorce in South Africa

A marriage has broken down if one spouse no longer wishes to continue with the marriage. The formation of an intention to sue for divorce is the subjective element in the method of determining marriage breakdown. However, in order to assess the probability of a successful reconciliation being effected, the court also has to consider the reasons that prompted the plaintiff to sue for divorce, and the parties’ conduct. Only when the court has determined that there is no reasonable prospect of reconciliation, will it find that the marriage has broken down irretrievably and grant a decree of divorce. The court looks at the objective scantiness and surmount ability of the reasons why a divorce was applied for to ascertain whether the marriage in question can still be saved.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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