NT Where Should We Get a Divorce?

[Willem Conradie]

Good afternoon.

My wife and I immigrated here in July 2015. We are currently still married, as we got married in South Africa. We now want to get divorced, but what are the South African implications as we are living here now on a permanent residency visa? Or do we have to get divorced in South Africa?

My wife is going to South Africa in June this year.

Can she handle the divorce on both our behalfs while she is there?

I can just sign required affidavits and send it over with her?

Kind regards,

 

[Hayder Shkara]

Not 100% sure but I think you can get a divorce in either jurisdiction. You can definitely get a divorce in Australia. I don't see why you couldn't get one in South Africa. Just not sure what the process is over there. Over here it's very straightforward though.

 

[Willem Conradie]

I see the procedure here is that we have to be separated for at least 12 months, is that still accurate?

 

[Hayder Shkara]

I see the procedure here is that we have to be separated for at least 12 months, is that still accurate?

Technically, yes this is true.

 

[Willem Conradie]

What do you mean by technically?

 

[Hayder Shkara]

In your divorce application and affidavits you need to provide a date of separation that is over a year ago.

 

[Victoria S]

You can apply for a divorce in Australia if you or your spouse:

• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

If you want to apply for divorce you must be able to prove you were separated for 12 months prior to divorcing - this is prima facie evidence to the court of irreconcilable differences. This requires that you provide evidence that you were either physically living separately or "living separately under the one roof". The latter may require evidence that you do not share any of the usual activities of marriage, such as:

• sleeping together in the same bed or room
• shopping and eating meals together
• entertaining friends
• going out together

You may also need to provide good reason why it is not possible for you to physically separate.

 

[Tim W]

In your divorce application and affidavits you need to provide a date of separation that is over a year ago.

This also has to be the truth.