Words underlined with solid line indicate insertions in existing enactments.
Act
To amend the law relating to divorce and to provide for
incidental matters.
(Afrikaans text signed by the Acting State President.) (Assented to 8 June 1979.)
Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―
Definitions.
1. (1) In this Act, unless inconsistent with the context—
(i)
“court” means the provincial or local division of the
Supreme Court of South Africa, or a divorce court
established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929),
which has jurisdiction with respect to a divorce action; (ii)
(ii)
“divorce action” means an action by which a decree of
divorce or other relief in connection therewith is applied
for, and includes—
(a)
an application pendente lite for an interdict or for
the interim custody of, or access to, a minor child
of the marriage concerned or for the payment of
maintenance; or
(b)
an application for a contribution towards the costs
of such action or to institute such action, or make
such application, in forma pauperis, or for the
substituted service of process in, or the edictal
citation of a party to, such action or such
application. (i)
(2) For the purposes of this Act a divorce action shall be
deemed to be instituted on the date on which the summons is
issued or the notice of motion is filed or the notice is delivered in terms of the rules of court, as the case may be.
Jurisdiction.
2. (1) A court shall have jurisdiction in a divorce action if—
(a)
the parties to the action are domiciled in the area of
jurisdiction of the court on the date on which the action
is instituted; or
(b)
the wife is the plaintiff or applicant and she is ordinarily
resident in the area of jurisdiction of that court on the
date on which the action is instituted and has been
ordinarily resident in the Republic for a period of one
year immediately prior to the said date and—
(i)
is domiciled in the Republic; or
(ii)
was domiciled in the Republic immediately before
cohabitation between her and her husband ceased;
or
(iii)
was a South African citizen or was domiciled in the
