For many South Africans, the divorce decree marks the conclusion of a previous phase of their life and the advent of a new one. This is particularly relevant for individuals who were previously married and who intend to remarry in another country. In such cases, the necessity for the legalisation of divorce decrees for use overseas then arises. The legalised divorce decree serves as proof that the individual is legally divorced and therefore eligible to marry again.
In South Africa, a divorce decree, also known as a final decree of divorce or judgment of divorce, is a formal court order that formally concludes divorce proceedings and legally ends a marriage. It’s similar to a marriage certificate, but instead of symbolising the beginning of a union, it marks its legal end. It contains crucial information regarding the divorce procedure, including the parties concerned and the date the divorce was granted This document is an indispensable component of your divorce paperwork.
The objective of this blog post is to provide clarity on the key elements of a divorce decree in South Africa, the importance of legalisation for a divorce decree, and to present a comprehensive, step-by-step guide for obtaining the legalisation of divorce decrees for use overseas.
What is a Divorce Decree in South Africa?
A divorce decree is the definitive court order that formally terminates a marriage, setting out the terms of the settlement agreed upon by both parties or determined by the court in South Africa. This document is not simply a formality; rather, it serves as a legal proof of the dissolution of the marriage and outlines the rights and responsibilities of each party post-divorce. In essence, the divorce decree serves to attest to the irretrievable breakdown of a marriage and the court’s official recognition of its dissolution.
What does a divorce decree look like in South Africa?
In South Africa, a divorce decree is typically a single page or two in length. The document indicates the date of divorce and includes a copy of the settlement agreement, which has been signed by both parties. In certain instances, however, the parties may proceed with a divorce without a settlement agreement. In such cases, only the plaintiffs’ particulars of claim will be included on the divorce decree
The following information is typically included on a South African divorce decree:
- The court case number
- The name of the presiding judge
- The defendant and plaintiff’s identifying information
- The court details
- The marriage’s official end date
- The declaration of dissolution of marriage which states that the divorce is final
- The official court seal
- The registrar’s signature
Should you be required to submit a legalisation of your divorce decree for use overseas, this typically refers to the front page of the decree, which was stamped and signed by the High Court.
Where can I get a copy of my divorce decree in South Africa?
Copy of a divorce decree can only be obtained from the High Court in which the decree was issued. To facilitate a search for the relevant decree, the court will require as many of the following details as possible:
- The divorce case number
- The date of the divorce (day, month, and year)
- The names and ID numbers of the people divorcing
If you do not have the case number but you do have the exact date, the Registrar at the High Court can use this information to search the divorce records of that year, month, and day to retrieve the file from the archives. Once the document has been located, a copy will be made, stamped and signed by the High Court.
It is the duty of the court to forward divorce decrees to the Department of Home Affairs. However, due to a significant backlog at court, this process may not always be completed in a timely manner. It is advisable to contact the Department of Home Affairs to verify whether your divorce decree has been received and your marital status updated in the system to reflect that you are divorced. In addition, you will most likely have to obtain a Letter of No Impediment, which is issued by Home Affairs as part of the documents required to marry overseas.
Importance of Legalisation of divorce decrees for use overseas
If you require a divorce decree as evidence of divorce for use with a foreign authority or institution, it is likely that this document will need to be legalised before it can be used in an official capacity overseas. The certification required for the legalisation of divorce decrees is known as an Apostille. An apostille is an additional form of authentication required for international acceptance of legal public documents.
In South Africa, the Department of International Relations and Cooperation (DIRCO) and the courts are responsible for administering the legalisation process. Consular notarial services are provided to South African citizens and foreign nationals requiring South African official (public) documents to be legalised for use abroad. These services are provided to ensure the legal validity of South African divorce decrees, enabling their use outside the Republic of South Africa.
The process of legalisation ensures that divorce decrees executed within the Republic of South Africa for use outside the Republic of South Africa are affixed, sealed and signed, either with an Apostille Certificate (where countries are signatories to the Apostille Convention) or with a Certificate of Authentication (where countries are not signatories to the Apostille Convention).The document is dated, numbered and registered. The 1961 Hague Convention established the apostille certificate as a means of legalisation for a range of documents, including divorce decrees. The apostille can be issued within one to two days of receipt of the application. This is particularly beneficial for those who frequently travel abroad, wish to remarry or require it for personal business. Members of the Hague Convention will accept your divorce decree as proof of its authenticity without the need for further certification by the embassy.
Once your apostilled document has been received, you will need to have both the apostille and your divorce decree translated if the official language of the receiving country is not English. It is standard practice for countries to require official translation of documents into the local language before they will accept them as legally valid. It is essential that translations are carried out by a sworn translator and certified in order to be accepted.
FAQs about Legalisation of divorce decrees for use overseas
The legalisation of divorce decrees for use overseas frequently gives rise to a number of questions:
- Can I get a copy of my divorce decree online in South Africa?
It is not possible to obtain a copy of your divorce decree online in South Africa. Instead, you should contact the court where the divorce was finalised in order to request a copy of your divorce decree.
- Can I get my divorce certificate from home affairs?
The department of Home Affairs does not issue divorce certificates. Final divorce decrees issued in South Africa must be requested from the court where the divorce was filed.
- How long does it take to get a decree of divorce?
In the case of an unopposed divorce with no complications or children involved, the process can be completed in as little as four weeks. However, in the event of an opposed divorce, the process can take up to two to three years or more. In the majority of cases, divorces are settled before the parties are required to attend court, even in instances where the divorce was initially opposed. Once the parties in an opposed divorce have reached a settlement agreement and the divorce is no longer opposed, it may be possible to finalise the divorce in as little as four weeks.
- What is divorce decree is Afrikaans?
Divorce decree is Afrikaans is translated : Finale Egskeidingsbevel
- Where can I get a copy of my decree of divorce?
Copy of a divorce decree can only be obtained from the Court where the divorce was filed in South Africa.
- Do I need to register my divorce at home affairs?
It is the duty of the court to send divorce decrees to the Department of Home Affairs. However, due to backlogs at court, this process may not always be done. Therefore, we advise you to contact the Department of Home Affairs to confirm that your divorce decree has been received and your marital status updated in the system, reflecting your divorced status.
Global Apostille Services
At Global Apostille, we provide legalisation of divorce decrees for use overseas through the High Court of Pretoria or DIRCO. We are aware of the challenges involved in planning an international marriage, and we can reduce your stress by assisting you in getting an apostille for your journey. Our team has years of experience in helping people and businesses get papers apostilled in South Africa for use overseas. Please send your documents to us and we will apostille them within days. Contact us for today at 081 347 6060 | 012 348 3134 or send an email: info@apostillelegalisation.co.za
