| If I got married outside of South Africa can I get divorced here? |
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If I got married outside of South Africa can I get divorced here? A: The Jurisdiction of the Divorce Act states as follows: ".A court shall have jurisdiction in a divorce action if the parties are or either of the parties is: (a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or (b) ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date." in other words if you have chosen you domicile address (residential address) within the area of the court which you will be getting the divorce through - you can go ahead with the divorce; or if you have been a resident for more than a year within the country and you would like to institute action against your spouse, you would be able to do so even if you were not married in South Africa. |
