If one of the spouses is mentally ill or continuously unconscious
You to do not have get your spouse's permission to get a divorce. If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent.
In special circumstances you may get your marriage annulled. An annulment differs from a divorce in that it not only dissolves the marriage but also wipes it off the record.
Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. According to the law, you are still married.
You can divorce in either the Regional Court division of the Magistrate Court having jurisdiction in your area or in the High Court.
Guest: Gabriella Keeble -Senior Candidate Attorney at SchoemanLaw Inc