Area of Jurisdiction

Divorce Act, 1979 (Act No 70 of 1979)

2. Jurisdiction 

1)        A court shall have jurisdiction in a divorce action if the parties are or either of the parties    is-

a)    domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or

b)     ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.

2)      A court which has jurisdiction in terms of subsection (1) 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 or either of the parties is 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.