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Married in Cyprus, can I file for divorce in South Africa

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  • Married in Cyprus, can I file for divorce in South Africa

    I am South African and am married to a British citizen who resides in Cyprus. We got married in Cyprus (Limassol - Limassol Court) on 18 July 2008, however the marriage was never consumed and we have been separated for almost 6 years from the date of our marriage. After the marriage in July I spent two months of staying in the home of my in Cyprus - and I moved out and lived in Cyprus renting an apartment until May 2011. I would like to initiate divorce proceedings from my side, since the marriage never really existed and I have been out of Cyprus since May 2011 and returned for a visit from Jan 2014 to May 2014 and am going to be in Germany visiting relatives for 3 months. Please advise how I go about initiating the divorce proceedings in South Africa and if possible Germany s I would like to commence with this matter soonest.

  • #2
    Re: Married in Cyprus, can I file for divorce in South Africa

    Originally posted by Dain
    I am South African and am married to a British citizen who resides in Cyprus. We got married in Cyprus (Limassol - Limassol Court) on 18 July 2008, however the marriage was never consumed and we have been separated for almost 6 years from the date of our marriage. After the marriage in July I spent two months of staying in the home of my in Cyprus - and I moved out and lived in Cyprus renting an apartment until May 2011. I would like to initiate divorce proceedings from my side, since the marriage never really existed and I have been out of Cyprus since May 2011 and returned for a visit from Jan 2014 to May 2014 and am going to be in Germany visiting relatives for 3 months. Please advise how I go about initiating the divorce proceedings in South Africa and if possible Germany s I would like to commence with this matter soonest.
    Getting divorced in either South Africa or Germany is procedurally easier than divorcing in Cyprus which is a mix of religious and civil customs and a longer waiting period than it would be in either other country.

    However, in order to file in Germany you must have residence there, preferably for a year is advisable as a minimum. South Africa appears to be your best bet for filing for divorce since that is your permanent residence, or where you have the most ties.

    Where one marries is not important for nations apply their laws for divorce.

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    • #3
      Re: Married in Cyprus, can I file for divorce in South Africa

      I wish to inform you that you may file for divorce in South Africa. For divorce in South Africa, one or both parties must be domiciled in the area of jurisdiction of the court on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date. In case of no fault divorce, the divorce proceedings may be finished quickly. A contested divorce may take 2 to 3 years or more.

      AFF

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      • #4
        Re: Married in Cyprus, can I file for divorce in South Africa

        Originally posted by AFFA View Post
        I wish to inform you that you may file for divorce in South Africa. For divorce in South Africa, one or both parties must be domiciled in the area of jurisdiction of the court on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date. In case of no fault divorce, the divorce proceedings may be finished quickly. A contested divorce may take 2 to 3 years or more.

        AFF
        I concur with most of this answer, except that residing in South Africa for one year immediately preceding filing for divorce is not necessarily required. In this case the party can claim that South Africa is her domicile. Domicile is one's permanent home to which they intend to return.

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        • #5
          Re: Married in Cyprus, can I file for divorce in South Africa

          Yes you can file for divorce in South Africa which is far easier way to attain the same. Since you are an ordinary resident of South Africa (domicile), it can assume the jurisdiction to hear the case for divorce. For divorce in South Africa, one or both parties must be domiciled in the area of jurisdiction of the court on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
          You may consult with an appropriate Attorney who can give a proper guidance in this regard.

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