Western Cape divorce rate highest in the country

File photo: African News Agency (ANA)

File photo: African News Agency (ANA)

Published Mar 5, 2019

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Cape Town – Western Cape couples are getting divorced at high rates, with 23.8% of couples filing for divorce, according to Statistics South Africa’s annual marriage and divorce stats.

The statistic is the highest in the country, with Gauteng tying for the number one spot.

“In 2017, 25 390 completed divorce forms were processed, indicating an increase of 0.3% from the 25 326 processed in 2016.

“There were more female, 12 938, than male, 8 878, plaintiffs. The median ages at divorce in 2017 were 44 years for men and 40 years for women. 

"The findings show that four in 10 divorces, 11 330 of the 25 390 in 2017, came from marriages that did not reach their 10th wedding anniversary. In 2017, there were 14 121 divorces with children aged under 18 years affected.”

The Western Cape, Gauteng, KwaZulu-Natal and Eastern Cape were the provinces with the highest number of divorces granted.

Together the four provinces contributed more than 77% of the divorces granted in 2017.

The highest percentage of divorces were from the black African group at 44.5% and more wives were initiating divorce proceedings.

According to Family Law, a website with free information about divorce, parental rights and responsibilities, maintenance and child support, an uncontested divorce can cost anything from R800 to R20 000. The website was established by Bertus Preller, a Family Law and divorce lawyer at Bertus Preller & Associates.

“The cost mostly depends on the complexity of the divorce settlement agreement and the complexity surrounding the care and contact of any minor children. 

"In a contested divorce, the costs are variable, time- based and heavily dependent on the conduct of the parties. It can cost hundreds of thousands of rand in fees and disbursements. 

"Often, a year or two after serving the summons, the attorneys and advocates on both sides will start to talk settlement. As the trial date approaches, the intensity of the settlement negotiations increases.

“In 90% of all divorce cases, a settlement agreement is reached before or on the day of trial.

“In a number of cases, it is reached a few days or hours before the trial, or even during. Often, much time and money are wasted on a trial that didn’t occur, although it is sometimes necessary to spend time and money to uncover and examine the complexities of a case.”

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