Divorce 101 – ThinkLegal (2026)

Divorce 101 – Understanding and Managing the Legal Aspects of Divorce

Join us for an insightful online training session, Divorce 101 – Understanding and Managing the Legal Aspects of Divorce, presented by Mervyn Vermeulen, a seasoned family lawyer with more than a decade of experience. This comprehensive course is designed for individuals navigating the complexities of divorce, legal practitioners seeking a refresher, mediators who would like to better understand the legal facets of divorce, and anyone interested in understanding the intricacies of South African divorce law.

All participants will receive access to our shared folder with training resources.

Time: Wednesday and Thursday from 5:30 – 8:30 p.m.
Location: Online Teams Meeting
CPD Points: 5 SAAM CPD’s

Session Highlights:

• Session 1: Delve into the basics of divorce in South Africa, exploring the legal requirements, the structure of divorce courts, and the powers granted to the court in divorce proceedings.
• Session 2: Gain a deep understanding of substantive issues such as parental responsibilities, rights, and the proprietary consequences of divorce, including the division of joint estates, accrual calculations, and spousal maintenance claims.
• Session 3: Learn about the divorce procedure in South African courts, covering both uncontested and contested divorce processes, Rule 43 applications, and financial disclosure requirements.

Secure your spot in this informative training to empower yourself with knowledge and navigate the legal landscape of divorce with confidence.

DETAILED SESSION AGENDA:

Session 1 – Overview of Divorce in SA

• What is Divorce?
• Issues dealt with in divorce.
• Why do you need to approach the Court for divorce?
• Overview of the different marriages that can be dissolved by divorce
• Divorce Courts Structure in South Africa
• Powers of the Court when granting a decree of divorce

Session 2 – Substantive Issues in Divorce

• Parental Responsibilities and Rights
  • Definition of each element of PRR
  • Co-Parenting
  • Termination
• Proprietary Consequences
  • Marriages in COP
  • What is a Joint Estate
  • Powers of Spouses in the Joint Estate
  • Adjustment Claims
• Accrual
  • What is Accrual
  • Excluded assets
  • How to calculate the accrual
• Jointly Owned Property
  • Actio communi dividundo
• Claims in terms of Section 7(3) of the Divorce Act
• Forfeiture of Patrimonial Benefits
• Spousal Maintenance Claims
  • Overview of
  • Types
  • Factors to be considered by the Court
  • Maintenance for Major Dependent Children

Session 3 – Divorce Procedure in South African Courts

• Uncontested Divorce Process
  • The Settlement Agreement
  • The Summons
  • Preparation for Court
  • Family Advocate endorsement
  • Hearing at Court
  • Getting the decree of divorce
• Contested Divorce Process
  • Summons and Particulars of Claim
  • Rule 41A
  • Plea and Counterclaim
  • Referral to Family Advocate
  • Discovery
  • Request for Further Particulars
  • Pre-Trial
  • Trial
• Rule 43
  • Overview of Rule 43
  • Relief competent in terms of Rule 43
  • Rule 43 Procedure
  • Financial Disclosure
• Edictal Citation and Substituted Service