Divorce Act, 1979/1992-08-01

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as amended by

Matrimonial Property Act, No. 88 of 1984 Transfer of Powers and Duties of the State President Act, No. 97 of 1986 Mediation in Certain Divorce Matters Act, No. 24 of 1987 Marriage and Matrimonial Property Law Amendment Act, No. 2 of 1988 Divorce Amendment Act, No. 7 of 1989 Divorce Amendment Act, No. 44 of 1992 Domicile Act, No. 3 of 1992

2. (1) A court shall have jurisdiction in a divorce action if the parties are or either of the parties is—

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 have or has been ordinarily resident in the Republic for a period of not less that one year immediately prior to that date.

(2) A court which has jurisdiction in terms of subsection (1) shall also have jurisdiction in respect of a claim in reconvention or a counter-application in the divorce action concerned.

(3) A court which has jurisdiction in terms of this section in a case where the parties are or either of the parties is not domiciled in the Republic shall determine any issue in accordance with the law which would have been applicable had the parties been domiciled in the area of jurisdiction of the court concerned on the date on which the divorce action was instituted.

(4) The provisions of this Act shall not derogate from the jurisdiction which a court has in terms of any other law or the common law.

13. The validity of a divorce order or an order for the annulment of a marriage or for judicial separation granted in a court of a foreign country or territory shall be recognized by a court in the Republic if, on the date on which the order was granted, either party to the marriage—

was domiciled in the country or territory concerned, whether according to South African law or according to the law of that country or territory; was ordinarily resident in that country or territory; or was a national of that country or territory.