How to Get a Copy of Divorce Decree

To obtain a certified copy of your divorce decree in South Africa, you must apply either at your nearest Department of Home Affairs office or the court where your divorce was granted. You will need your ID number, case number (if available), and the original decree date. The process typically costs R75 and takes 6–8 weeks for processing.

Where to Apply

Option 1: Department of Home Affairs (Easiest)

The Department of Home Affairs maintains registers of all registered divorces in South Africa. This is the primary place to request certified copies.

Locations:

• Main office: Department of Home Affairs, 140 Nkosi Albert Luthuli Street, Pretoria
• Provincial offices in all major cities (Cape Town, Johannesburg, Durban, Bloemfontein, Port Elizabeth)
• Selected Home Affairs service centers nationwide

Advantages:

• Central repository of all divorce decrees
• Authorized to issue certified copies
• Multiple locations for convenience
• Standard processing timeline

Option 2: The Court Where Divorce Was Granted

The court that issued your divorce degree maintains its own records and can issue certified copies.

Identify the Court:

• Regional Court: If your divorce was uncontested (most common)
• High Court: If your divorce was contested

The court name and location should appear on your original decree.

Advantages:

• Direct access to the court record
• Faster if court is nearby
• Can query case details if needed

Option 3: Your Attorney

If you retained an attorney for your divorce, they may hold a copy of the decree in your file. You can request certified copies from them, though they may charge a small fee (R50–R150 per copy).

Required Documents

To request a certified copy, bring:

1. Your Identity Document

   • Original ID book or Smart ID card
   • Foreign national: Valid passport or ID document

2. Case Number or Marriage Date (if available)

   • Case number from the original summons/application
   • If you don't have the case number, provide your full name, spouse's full name, and the approximate date of divorce (month/year)

3. Proof of Relationship to the Decree

   • Original birth certificate (if requesting on behalf of a child)
   • Original marriage certificate (if requesting as the divorced party)
   • Court order or guardianship documents (if requesting on behalf of dependent children)

4. Completed Application Form

   • Form available at Home Affairs or downloadable from the Department website
   • Fill in your full names, ID number, and decree date

Application Process at Home Affairs

Step 1: Visit Your Local Home Affairs Office

• Go in person (requests by mail take significantly longer)
• Bring all required documents
• Arrive early; some offices have limited daily quotas

Step 2: Complete the Application Form

• Staff will assist if you need help
• Provide full names, ID numbers, and decree date
• Specify how many certified copies you need (usually 2–5)

Step 3: Pay the Fee

• Cost: R75 per certified copy (as of 2026)
• Payment accepted in cash or card
• Receipt provided

Step 4: Processing Timeline

• Normal processing: 6–8 weeks
• Expedited processing (available at some offices): 2–4 weeks (additional fee of R50–R100)
• You will be given a reference number and told when to collect

Step 5: Collect Your Copies

• Return with your receipt and reference number
• Certified copies are issued
• Verify that all copies are properly stamped and signed

Application Process at Court

Step 1: Contact the Court Registry

• Phone the Regional or High Court registry where your divorce was granted
• Provide your full names, spouse's name, and case number (if available)
• Confirm they have the decree on file

Step 2: Submit Application

• Apply in person at the court registry
• Complete the court's application form (may differ from Home Affairs form)
• Bring ID, proof of relationship, and any available case documents

Step 3: Payment

• Court filing fee: varies by court, typically R50–R150
• Payable to the court by cash or card

Step 4: Processing

• Courts typically issue certified copies within 2–4 weeks
• Faster than Home Affairs if the court is nearby
• You can collect in person or request postal delivery

What a Certified Copy Shows

A certified copy of your divorce decree includes:

• Full names and ID numbers of both parties
• Date of marriage and place (if relevant)
• Case number and court reference
• Date of divorce decree issued
• Decree Nisi date (conditional divorce)
• Decree Absolute date (final divorce, usually 6 weeks later)
• Terms of the decree: Confirmation of irretrievable breakdown, custody arrangements, asset division, maintenance orders
• Official stamp and signature of the magistrate or judge
• Court seal and registry stamp

The certified copy is authenticated and acceptable for all legal purposes (remarriage, updating ID, bank records, property transfers).

Why You Need a Certified Copy

A certified copy of your divorce decree is essential for:

1. Remarriage

   • Registering a new marriage with Home Affairs
   • Required by the other party's family or employer
   • Religious ceremonies may require proof of divorce

2. Updating Official Documents

   • Changing your marital status on your ID book or Smart ID
   • Updating bank accounts and savings records
   • Amending insurance policies (beneficiaries)
   • Updating employment records

3. Property and Asset Matters

   • Transferring property ownership (title deeds)
   • Removing an ex-spouse from property bonds
   • Estate planning and wills

4. Legal Proceedings

   • Proving your marital status in court cases
   • Custody or maintenance disputes
   • Inheritance claims

5. Immigration and Residency

   • Visa applications or residency permits
   • Name change applications
   • International relocation documentation

Cost Breakdown

Recommendation: Request 3–5 certified copies at once. They are cheap, and you will need extras for various applications (banks, insurance, Home Affairs ID update, etc.). Obtaining extras later requires re-applying.

Processing Timeline Summary

Common Issues and Solutions

Issue: "We don't have a record of your decree"

• Ensure the decree was registered with Home Affairs after the court issued it
• Check with the court directly if not registered
• If the divorce was very old, record may be archived; Home Affairs can retrieve it

Issue: "I don't have the case number"

• Provide your full name, spouse's full name, and divorce date
• Home Affairs can search their database by names and year
• This takes slightly longer (1–2 additional weeks)

Issue: "I've lost my original decree"

• A certified copy serves the same legal purpose
• You don't need to locate the original; a certified copy is equally valid
• Multiple certified copies can be obtained

Issue: "The decree is very old (20+ years)"

• Home Affairs can still issue certified copies from archived records
• Processing may take longer (8–12 weeks)
• Request expedited service if possible

Issue: "My spouse's name has changed since divorce"

• Your divorced name is on the decree; the decree does not change
• Your updated ID will show your current name separately
• The decree remains valid as proof of your marital status change

Key Legislation

• Divorce Act 70 of 1979 — Governs divorce decrees and their registration
• Vital Registration Act 36 of 2021 — Governs the Department of Home Affairs' role in maintaining and issuing copies of vital records, including divorces
• Home Affairs Regulations — Specify fees, timelines, and procedures for issuing certified copies

Common Mistakes

• Not registering the decree: While the court grants the divorce, Home Affairs must register it. Ensure the court's registry submits it; some people assume this happens automatically but it may require a follow-up.
• Requesting uncertified copies: Only certified copies are legally recognized for official purposes. Photocopies are not acceptable.
• Waiting too long to apply: Get certified copies soon after the final decree is issued. Records can be archived or lost over decades.
• Not obtaining extras: Get 3–5 copies at once. Each application requires time and fees. Having extras saves hassle for future needs.
• Assuming one copy is enough: Banks, Home Affairs, insurance, and legal proceedings all require original certified copies. Having several saves repeated applications.

For more on this topic, see how to apply for divorce.

For more on this topic, see divorce timelines.

For more on this topic, see divorce costs.

When to Consult an Attorney

You may need legal help if:

• Your divorce was never registered with Home Affairs (attorney can investigate)
• You face delays or refusals in obtaining certified copies
• You need to update your marital status on legal documents and encounter issues
• You are relocating internationally and need additional documentation

Related Questions

• What is a divorce decree?
• How to apply for divorce in South Africa?
• How to update your marital status after divorce?
• How to obtain a court order?

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Reviewed by a verified Family Law attorney on the Justibly network. Disclaimer: This answer is for informational purposes only and does not constitute legal advice. About the Author: This answer was prepared by the Justibly Legal Research Team, reviewed for accuracy by practising attorneys admitted to the High Court of South Africa. Verify attorney credentials on the LPC register. Last updated: April 2026