Your 2025 Divorce Rights Guide: Everything You Need to Know Under South African Law

Whether you're preparing for divorce, supporting someone through it, or unsure what your rights are, this comprehensive guide covers the most up-to-date South African divorce laws as of 2025. With rising divorce rates, evolving custody legislation, and increased public awareness, knowing your legal position has never been more important.

Divorce in South Africa: 2025 Snapshot

Recent data from Stats SA and global search trends point to a sharp rise in divorce inquiries:

• Google searches for "divorce lawyer" surged 4,950% globally in June 2025

  (Source: NYPost, June 2025)

• 22,230 divorces finalised in SA in 2023 - up 10.1% from 2022 (Stats SA)

• 42% of divorces occur within the first 10 years of marriage

• 55% involve children under 18

• Median divorce age: 46 for men, 42 for women

  
  

Your Legal Rights During Divorce in South Africa

In South Africa, divorce is regulated by the Divorce Act 70 of 1979, the Children’s Act 38 of 2005, and key High Court precedents.

Here are the rights and processes you need to be aware of in 2025:

1. Rule 43 / Rule 58: Interim Relief

If you need urgent financial or child-related support before your divorce is finalised:

• You can apply for interim maintenance, custody, and legal fee contributions

• Applications are filed under Rule 43 (High Court) or Rule 58 (Regional Court)

  Custody and Care of Children

2. Custody and Care of Children

Under Section 28 of the Constitution and the Children’s Act, courts prioritise the best interests of the child.

Key principles include:

• Equal parenting rights for both biological parents (regardless of marital status)

• Consideration of primary residence, contact, and decision-making authority

• Involvement of Family Advocates, social workers, and parenting plans

3. Property and Financial Division

What happens to assets depends on your marital regime:

• In community of property: Assets and debts are shared equally

• Out of community of property with accrual: Assets acquired during marriage are shared

• Without accrual: Each party retains their own estate

Spousal maintenance may also apply where there is a significant financial imbalance.

Practical Protections: What to Do Next

If you're facing a potential separation or divorce, here are 3 things you can do right now:

1. Get Legal Advice Early

• Consult a family law attorney before notifying your spouse

• This allows you to plan around custody, support, and asset protection

  
  

2. Understand Your Options

• You have access to interim relief (Rule 43)

• Mediation is available and sometimes required

• Know whether your marriage contract affects your rights

  
  

3. Stay Child-Centred

• Prioritise a Parenting Plan that addresses school holidays, finances, and conflict resolution

• The court will consider this in any order

Divorce Trends and Timing in South Africa

Divorce spikes during winter (June-August) in South Africa, often after financial year-end stress or during school holidays. This trend mirrors a global seasonal divorce pattern. If you're navigating separation during this time, you're not alone.

Ask a Lawyer, Confidentially

Have questions about Rule 43, custody rights or your financial position? contact us directly, one of our family law professionals will support you privately.

Kern, Armstrong & Associates - info@kernattorneys.co.za | 010 109 1055