Marriage is often entered with hope for a long-lasting partnership, but sometimes circumstances change rapidly, leading to divorce shortly after saying “I do.” Whether emotional incompatibility, unexpected conflicts, or changed priorities triggered the split, a brief marriage like 13 days still involves legal procedures in South Africa. Here’s what you need to know if you’re facing a divorce after such a short-term marriage.
1. Understanding Your Marital Regime and How It Affects Divorce
South African law recognizes three marital regimes, each impacting divorce settlements differently—even after a short marriage:
- In Community of Property: This regime means that both spouses share assets and liabilities equally. Even in a short 13-day marriage, each partner would be entitled to half of the combined assets and debts unless specific exclusions apply. However, in most cases, a marriage of this length might not involve many shared assets or liabilities.
- Out of Community of Property with Accrual: Here, each spouse retains their own pre-marital assets, while any growth in each spouse’s estate since the marriage date is shared upon divorce. Given a brief marriage, there’s likely minimal, if any, accrued growth, which may streamline asset division.
- Out of Community of Property without Accrual: If the marriage contract excludes accrual, each spouse maintains separate estates. In the case of a 13-day marriage, this is typically the easiest scenario to manage, as neither party has a claim to the other’s assets or liabilities.
2. Spousal Maintenance in a Short-Term Marriage
Spousal maintenance is uncommon after a very short marriage unless one spouse is financially dependent and unable to support themselves post-divorce. For example, if one partner left a job or home to relocate for the marriage, they may seek temporary maintenance. Courts in South Africa typically focus on fairness and each party’s needs, with long-term spousal maintenance unlikely for short-term marriages.
3. What About Emotional and Legal Costs?
Even when the marriage lasts only days, divorce can still be emotionally challenging. Many couples feel a sense of loss, embarrassment, or frustration. It’s essential to seek support and prioritize mental well-being. Legally, a divorce requires filing a summons, serving papers, and potentially attending a court hearing. Engaging a qualified divorce attorney can simplify the process and ensure your rights are protected.
4. Steps for a Simple Divorce in South Africa
For couples married briefly and with no shared assets or children, an uncontested divorce—where both parties agree on the terms—can make the process easier and faster. Here’s how it generally works:
- Draft a Settlement Agreement: This document outlines each party’s rights and obligations, which can be relatively simple for short-term marriages.
- File for Divorce: Your attorney can file the necessary paperwork in court. If both parties agree, the divorce can often be finalized relatively quickly.
- Court Approval: After review, the court can grant a final divorce decree, ending the marriage legally.
5. Moving Forward After a 13-Day Marriage
A short-lived marriage might feel like a setback, but it can also be an opportunity for self-reflection and growth. Recognize that everyone’s journey is unique, and brief marriages are more common than many think. Seeking support from friends, family, or professional counselors can help you process emotions and move forward confidently.
In Conclusion
Divorce after a brief marriage, such as 13 days, can feel overwhelming, but understanding your rights can make it easier. South African law considers the marital regime, making the division of assets straightforward, especially in short-term marriages. If you’re facing this situation, consulting an experienced divorce attorney can ensure you handle the process smoothly and in compliance with legal requirements.
For expert guidance on your rights in a short-term divorce, contact RMB Attorneys. Our dedicated team is here to support you through every step of the process.