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Do You Have to Be Separated Before You Can Divorce in South Africa?

Introduction

One of the most common questions people ask when considering ending their marriage is whether they need to be legally or physically separated before they can file for divorce. In South Africa, the answer is simpler than many expect.

In this article, we explain whether separation is a requirement for divorce, what the law says, and what factors a court considers when granting a divorce.

Is Separation a Legal Requirement for Divorce?

No — you do not have to be separated to get divorced in South Africa.
South African law doesn’t require couples to live apart for a specific period before filing for divorce. However, the court must be satisfied that the marriage has broken down irretrievably and that there’s no reasonable prospect of restoring the relationship.

Grounds for Divorce in South Africa

Under the Divorce Act 70 of 1979, there are three legal grounds for divorce:

1. Irretrievable breakdown of the marriage
   • This is the most common reason. It means the relationship has deteriorated to such an extent that there’s no chance of reconciliation.
   • Evidence may include lack of communication, ongoing conflict, infidelity, or emotional disconnection.
2. Mental illness or continuous unconsciousness
   • If one spouse has been institutionalised for mental illness for at least two years, or is continuously unconscious for six months or more, the other spouse may file for divorce.

Separation is not a standalone requirement — though it can be used as evidence that a marriage has broken down irretrievably.

Can You Live Together and Still Get Divorced?

Yes, you can still live under the same roof and proceed with a divorce, provided you can show the court that:

• There’s no longer a marital relationship (for example, no emotional or physical connection)
• You lead separate lives, even within the same household

In some cases, couples may remain in the same home during divorce proceedings due to financial reasons or while co-parenting children.

How Long Must You Be Married Before You Can Divorce?

There’s no minimum marriage duration required before you can file for divorce in South Africa. Whether you’ve been married for a few months or several decades, you can start divorce proceedings as soon as you meet one of the legal grounds.

Final Thought

In South Africa, separation is not a legal requirement for divorce. What matters is whether the marriage has broken down beyond repair. If you’re considering a divorce, it’s important to understand your legal rights and options.

At 123Divorce.co.za, we provide fast, affordable divorce services with step-by-step support to make the process as straightforward as possible.

Contact us today to discuss your situation and take the next step with confidence.