Divorce Attorney Shares Advice for SA Women Married to Foreign Nationals

• A divorce attorney clarified how South Africans married to foreign nationals could still obtain a divorce even if their spouse had left the country
• She explained the process of substituted service, which allows courts to proceed when a partner cannot be physically located
• The guidance included providing proof of attempted communication and allowing the court to issue a formal notice with a response deadline

The advice sparked important discussion about legal rights in cross-border marriages. The explanation highlighted how courts require evidence of genuine attempts to locate a spouse before approving alternative service methods. Once satisfied, the process can continue, ensuring that one partner is not indefinitely trapped in a marriage simply because the other disappeared or relocated abroad.

Legal advice sparked conversation after @maryjaneesq posted a video on 3 March 2026 from Polokwane, Capricorn, explaining how South African women married to foreign nationals can still obtain a divorce even if their spouse has left the country. She broke down the legal steps clearly, focusing on situations where a partner disappears or cannot be located.

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Many people assume both parties must be physically present for a divorce to proceed, and that is not always the case. If a spouse cannot be found, the court allows what is known as substituted service. This means the applicant must prove they attempted to locate the individual through reasonable efforts, such as contacting them via email, WhatsApp or known addresses.

Understanding substituted service

If sheriffs are unable to serve papers at the listed addresses, the court can approve alternative methods. Once satisfied that proper attempts were made, the court can issue a notice giving the absent spouse a deadline, often 10 days, to respond. If there is no response, the divorce may be granted by default.

Mzansi appreciated the clarity by user @maryjaneesq, and many women said they did not know this option existed. Others asked questions about cases where a spouse relocates overseas permanently. The discussion highlighted how important it is to understand legal rights, especially in cross-border marriages where communication breaks down.

Watch the TikTok video below:

Here's what Mzansi said

Tshego wrote:

“The word ‘foreigner’ is not derogatory in any manner or form. We have been manipulated and gaslighted.”

Tshedisojavaguava asked:

“How will the court attach the assets if the marriage is in community of property, especially if the foreigner left the country, even if he is still around? 🤔”

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Zinhle Vivie wrote:

“Help. I was married to a foreign man. He died five years ago. I cannot get his death certificate and it is impossible to get one because I do not have any of his documents.”

Virginia Modiba wrote:

“Thanks for the knowledge you share. You are a lifesaver, do you know that?”

Zanele asked:

“In situations of fraudulent marriage, what can be done for clearance?”

REFE M asked:

“How much will all of that cost? A tracing agent and everything?”

CAROL wrote:

“Thank you for sharing.”

Lorato_S commented:

“So informative. Thank you. 🙏🏿”

3 Other Briefly News stories about divorces

• The Economic Freedom Fighters president, Julius Malema, and his wife, Mantwa Matlala, are coming after Musa Khawula amid divorce rumours.
• Mzansi celeb Thembisa Mdoda finally addressed the viral rumours that her marriage had hit a dead end and heading to divorce.
• A woman going through a divorce reached out to her mother for support and received one of the most shocking responses the internet has seen.

Source: Briefly News