We receive a number of queries from people from all walks of life, and we do our best to respond to all of them as soon as we possibly can. While some queries may be answered with a simple ‘yes’ or ‘no,’ most legal queries require comprehensive responses. This is why we prepare law blog articles to provide detailed insights into legal matters.
When Can South African Courts Handle an International Divorce?
In this article, we share insights regarding the requirements that must be established before South African courts can handle an international divorce.
Why Jurisdiction Matters in Divorce Cases
As we have mentioned in our other blog articles, establishing jurisdiction is the first and most critical step before bringing a matter before an adjudication forum. Failing to do so may result in the case being dismissed with costs, meaning the plaintiff could be responsible for legal expenses.
Jurisdiction is just as important in divorce cases as it is in any other legal matter. The plaintiff must establish that the case is being heard in the correct court to avoid unnecessary delays or complications.
How Is Jurisdiction Established in Divorce Matters?
Jurisdiction in divorce matters is established based on specific legal grounds, including:
Domicile or Ordinary Residence – South African courts have jurisdiction where either spouse is domiciled or ordinarily resident in South Africa for at least one year immediately prior to the commencement of divorce proceedings.
- Example: If a party based in England visits Australia for a holiday, it cannot be said that they are ordinarily resident in Australia, even if they stayed for several weeks.
Place of Marriage – If the marriage was concluded in South Africa, local courts may have jurisdiction based on the fact that South African marriage laws applied at the time of marriage.
Marital Assets in South Africa – If marital assets (such as property or business interests) are located in South Africa, this may also establish jurisdiction for a divorce case.
Clearly Stating Jurisdiction in Divorce Documents
It is crucial to explicitly state the grounds upon which jurisdiction is founded in the divorce documentation. This ensures that the court understands the context of the case and that the correct legal process is followed.
Seek Professional Legal Assistance
We strongly advise parties to seek professional legal assistance before deciding to institute or defend a divorce. The final outcome of the proceedings can significantly impact both parties and any minor children involved.
We assist with divorce matters as well as a wide array of other family law matters. For comprehensive and professional assistance, kindly contact us.
