Navigating Divorce in South Africa (Pt 2) The Litigation Process: What to Expect When a Divorce Goes to Trial

Pleadings and Court Procedure

A divorce begins with a summons that must be personally served. The defendant has:

• 10 days to respond if in the same jurisdiction, or

• 21 days if in a different province.

The pleadings include:

• Summons and Particulars of Claim

• Notice of Intention to Defend

• Plea and Counterclaim (if any)

• Plea to Counterclaim

Failure to respond may result in a default judgment.

Discovery of Documents

This phase ensures transparency of financial information and can reveal:

• Bank and bond statements

• Tax returns and payslips

• Company shares or undeclared assets

If a party refuses to disclose, subpoenas may be issued to banks or financial institutions. Further discovery tools such as notices for hidden documents, can be enforced under oath.

Pre-Trial and Trial

• A pre-trial conference is compulsory.

• A trial date is secured once pleadings close.

• Both parties present evidence and witnesses.

• The trial ends in a judgment, which could be:

  • In favour of either party

  • Partial success

  • Dismissal of both claims (absolution from the instance)

The total cost of trial depends on its length and complexity.

As you’ve seen, contested divorce can be a lengthy and emotionally taxing process. But what happens while you're waiting for trial especially if you're a dependent spouse with no income or limited access to funds?

In Part 3, we explore Rule 43 and Rule 58 applications—your legal avenue to secure interim maintenance, legal fees, and parental relief before the final divorce is granted.

Contact info@kernattorneys.co.za for a cost estimate tailored to your case.