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Hitched to a nationwide of some other nation or an internationwide nationwide hitched to a South African? The divorce that is foreign

International or international divorce proceedings takes place whenever one or more partner is really an internationwide nationwide of some other nation. Provided both the flexibility of Southern Africans together with amount of foreigners deciding to reside in Southern Africa, international marriage is a tremendously occurrence that is common. Also, some partners elect to marry abroad in popular wedding locations such as for example Mauritius or Italy. Nevertheless, supplied the wedding ended up being duly registered with Residence Affairs, divorce or separation for a few whom married abroad isn’t classed as a foreign or divorce that is expat.

Divorcing a foreigner in South Africa – a worldwide breakup

They have now left South Africa, you can still institute divorce proceedings here if you married a foreign national and. Also, you can also file for divorce through the South African courts if you have left the country but your spouse is still resident here. So long as one of many parties is domiciled in South Africa from the date the action is instituted, you can easily register in Southern Africa. Year this is also the case even if both spouses are not South African but are ordinarily resident here on the date the action is filed or have been ordinarily resident for a period of one. South courts that are african jurisdiction to know these situations.

A gendered legislation

Although plainly an archaic bit of legislation, SA legislation, in keeping with several other countries, states that the “patrimonial consequences” of a wedding – this is certainly, the property that is marital and also by extension what are the results on divorce or separation – are governed by the domicile of this spouse at the time of the wedding. Læs resten