According to a recently published Statistics SA study - Marriages and Divorces 2023 - there were 22 230 completed divorce forms processed in 2023. This indicated an increase of 10.1% from the 20 196 divorces processed in 2022.
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From domestic abuse to infidelity, to a lack of understanding and financial difficulties, more couples are choosing to seek a divorce before reaching the 10-year mark.
According to a recently published Statistics SA study — Marriages and Divorces 2023 - there were 22,230 completed divorce forms processed in 2023. This indicated an increase of 10.1% from the 20,196 divorces processed in 2022.
According to the study, there were 12,563 women and 7,348 men, who filed for a divorce in 2023.
In addition, the results showed that four in ten divorces, 9,326 of the 22,230, were from marriages that lasted for less than 10 years.
About 20,687 children (under the age of 18) were affected by the divorces that took place in 2023.
According to the study, a comparison with the 2022 data showed that registration of all marriages and unions had also decreased. Registered civil marriages, customary marriages and civil unions decreased by 11.2%, 19.2% and 6.7% respectively.
Meanwhile, attorneys said they had seen an increase in couples seeking divorces compared to previous years.
Serisha Inderjeeth said on average eight clients a month approached her offices for advice on divorce proceedings.
“There has been a drastic increase of clients approaching my firm for advice on divorce proceedings compared to the past. In addition, younger South Africans married for just a few years have decided to divorce. This also includes more couples with minor children,” she said.
Inderjeeth said abuse and infidelity were the prominent factors that contributed towards marriages resulting in divorce.
“However, the disparity of priorities is now also a common trend in households, especially since life has become more demanding. Often both spouses are career driven and goal oriented. They tend to overlook and underestimate the other person’s goals and aspirations. Both want to gain personal fulfilment and achievement. This clash leads to strain and distress in a marriage, which results in distance between partners and ultimately leads to the breakdown in the marital relationship.
“Although there are still other prevalent factors such as unfair division of labour, which has been a common denominator in most marriages breaking down. In simple terms, it is when one or both believe the other spouse is not assisting with responsibilities in the marriage,” she said.
However, it is not an uncommon occurrence for couples to reconcile after considering or even starting the divorce process, said Inderjeeth.
“Many state that while going through the divorce process, they often find their own personal growth. The value of the relationship they are partying from surfaces as a priority. There is often a desire to rebuild such relationships.
“On the onset my clients are advised of the options available for reconciliation This includes giving them the option to engage with their spouse via my office or with the assistance of a marriage counsellor. Marriage counselling is not a rule of law, but it can be extremely beneficial for certain couples. However, it is not always accepted by both parties,” she said.
Inderjeeth added it was never an easy or straightforward decision to end a marriage.
“It is certainly more difficult to deal with it when you are on the receiving end of the divorce papers. To navigate through this process, it is essential to choose an attorney best suited to what is required.”
Ashwin Rughbeer said he dealt with about five divorces a month.
“There has been a slight increase in the number of divorces from last year to this year. The majority of the cases are related to parties having issues pertaining to domestic abuse, infidelity and more recently parties becoming upset over minor issues and allowing third parties to make their life altering decisions to divorce for them.
“In addition, most couples attempt divorce mediation, for example, through religious leaders. However, these mediation sessions often at times tend to mend the symptoms as opposed to dealing with the root cause. The couples then come back due to the root cause issues resurfacing,” he said.
Yolanda Akram said her firm handled an average of five to seven divorce cases per month.
“The exact number varies depending on factors such as the time of year, economic conditions, and social dynamics. However, we have observed an increase in divorce cases this year compared to last year. Divorce remains one of the most common areas of family law that we deal with regularly.”
Akram said there were several factors that contributed to a couple opting for a divorce.
“Economic stress such as financial pressures, especially in tough economic times can cause strain on relationships. There is also the post-Covid 19 impact as many couples, who stayed together due to circumstances during the pandemic are now choosing to separate. In addition, due to changing social norms, divorce is becoming more socially accepted, leading more individuals to leave unhappy marriages rather than stay for societal reasons.
“Among other factors issues, include infidelity. Extramarital affairs remain one of the leading causes of divorce. There is also the lack of communication. When couples stop communicating effectively, it often leads to emotional detachment and misunderstandings.
“Domestic violence and emotional or financial abuse are serious issues that often lead to divorce proceedings. Many couples also find that over time, they have grown apart and no longer share the same values, goals, or vision for the future,” she said.
Akram added that many couples often decided to reconcile.
“Many couples initiate divorce proceedings in the heat of the moment, only to reconsider after seeking counselling or attempting reconciliation. However, in some cases, despite their efforts, they find that their differences remain unresolved, and they eventually proceed with the divorce. As legal professionals, we always encourage clients to carefully consider their options before making such a life-changing decision.”
Vanie Govender said she dealt with at least three divorce cases a month.
“The number of cases is steadily rising. Parties are learning to stand up for their rights and not be stuck in an abusive or loveless marriage, or where they are not respected and treated as equals.”
She said some of the reasons for a divorce was due to selfishness and lack of understanding of their spouse’s needs.
“Very often even children come in between parents and drive them apart.”
Govender said there was often reconciliation.
“I counsel my clients and contact the other party if not represented by an attorney. Very often there is a reconciliation.”