You can get a Divorce in South Africa based on the irretrievable breakdown of the marriage relationship. This means that the Court must be satisfied that the marriage relationship cannot be saved. The Court may accept evidence (without limitation) that a marriage relationship has broken down irretrievably if the Spouses have not lived together for a period of 12 months, or if one of the Spouses has cheated on the other and the other Spouse finds it irreconcilable to continue with the marriage relationship. The Court may also grant a decree of Divorce if a Spouse has been declared a habitual criminal and is undergoing a prison sentence or is mentally ill or continuously unconscious.
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