International divorce happens when at least one spouse is a foreign national of another country. Given both the mobility of South Africans and the number of foreigners choosing to live in South Africa, international marriage is a very common occurrence. We have successfully assisted many clients through a divorce where either or both parties reside in other countries.
If you married a foreign national and they have now left South Africa, you can still institute divorce proceedings. Furthermore, if you have left South Africa but your spouse still resides here, you can also file for divorce through the South African courts. As long as one of the parties is domiciled in South Africa on the date the action is instituted, you can file in South Africa. This is also the case even if both spouses are not South African but are ordinarily resident here on the date the action is filed or have been ordinarily resident for a period of one year. South African courts have jurisdiction to hear these cases.
In the case of the divorce being uncontested, we find ways to deal with the matter in the most practical and cost-effective manner. In other cases, however, although the marriage and subsequent divorce may be regulated by South African Law, the matter can still become complicated especially where children and/or international properties are involved.
Allow us to find the best solution for your particular situation.