Page:Divorce Act 1979.djvu/3
4 No. 6506 Government Gazette, 15 June 1979
Act No. 70, 1979
(2) A court which has jurisdiction in terms of subsection (1) (b) 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 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.
3. A marriage may be dissolved by a court by a decree of divorce and the only grounds on which such a decree may be granted are—
4. (1) A court may grant a decree of divorce on the ground of the irretrievable break-down of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.
(2) Subject to the provisions of subsection (1), and without excluding any facts or circumstances which may be indicative of the irretrievable break-down of a marriage, the court may accept evidence—
as proof of the irretrievable break-down of a marriage.
(3) If it appears to the court that there is a reasonable possibility that the parties may become reconciled through marriage counsel, treatment or reflection, the court may postpone the proceedings in order that the parties may attempt a reconcilation.
(4) Where a divorce action which is not defended is postponed in terms of subsection (3), the court may direct that the action be tried de novo, on the date of resumption thereof, by any other judge of the court concerned.
5. (1) A court may grant a decree of divorce on the ground of the mental illness of the defendant if it is satisfied—