Attorney explains all you need to know about decree of divorce

What is a divorce decree? 

"Decree of divorce is the order granted by the court officially dissolving the union between the two parties in a marriage. It is in essence a court order that is reduced to writing, and stamped by the court," says Ngoepe. 

"The decree of divorce is what shows that the bonds of marriage have been formally severed by the court."

Ngoepe says it is not possible to be divorced and not have a divorce decree.

"You cannot be divorced without having a decree of divorce. In South African Law, you are either married, meaning you have a marriage certificate or you are either divorced with a decree of divorce," says the attorney. 

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How long does it take to issue a divorce decree? 

"It wont be more than seven days depending on the volume of administrative work of the particular court. In smaller courts in a day or two, in bigger courts, you can wait longer because their divorce courts are normally busier."

What is included in a divorce decree? 

"The settlement agreement is part of the decree of divorce as it is the document where the joint assets of the marriage are dealt with or divided between the parties," says Ngoepe. 

According to divorcenet.com, most divorce decrees include: 

- Each spouse's identifying information, including names, addresses, and birthdates

- Identifying information for any minor children (and sometimes adult children, if relevant)

- The court's address and telephone number

- Information about any attorneys involved in the case

- The case number

- The official end date of the marriage

- The judge's name

- A statement changing one of the spouse's last names (if requested as part of the divorce), and

- A declaration that the divorce is final.

Your decree might also include specific orders regarding:

-Property allocation

- Debt division

- Child custody and parenting time

- Child support

- Alimony (spousal support or maintenance)

- Retirement account division (including a qualified domestic relations order (QDRO) if necessary). 

A divorce decree is not only proof that the couple is divorced, but is also helpful when it comes to alleviating a lot of arguments, because both spouses must comply with any orders made in the divorce decree or face the Law. 

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