Divorce Trends in South Africa
According to the latest statistics issued by Stats SA there is a consistent decline in the number of people getting married in South Africa.
There has also been a decline in customary marriages, indicating a decrease of 12,5% from the previous year. Civil unions (Gay and Lesbian) registered in South Africa increased by 15,2%. These figures are indicative of the fact that less and less people are opting for marriage.
According to the latest data the crude divorce rate was 0,5 divorces per 1 000 estimated resident population. The number indicates an increase of 3,4% divorces from the previous year.
Reasons for Divorce
According to a survey on the Divorce Laws Website South Africans had stated that the following reasons were the main reasons for divorce:
- Lack of Communication 23.47%
- Adultery / Cheating 21.6%
- Abuse 11.99%
- Lack of Intimacy / Sex 10.86%
- Falling out of love 7.24%
- Finances 5.74%
- Addiction 4.87%
- Involvement of parents 3.37%
- Religious Differences 2.25%
Characteristics of plaintiffs
The website www.divorcelaws.co.za, South Africa’s premier resource on Divorce and Family Law attracted 465 420 unique visitors in South Africa during the period 1 August 2015 to 30 August 2016. It is interesting to note that over 60% of those visitors were female in comparison to 40% being male. Of these visitors 59.56% were from Gauteng, 21.70% were from the Western Cape, 11.29% were from KwaZulu-Natal, 3.15% were from the Eastern Cape, 1.17% were from the Free State, 1.12% were from North West, 0.98% were from Limpopo, 0.73% were from Mpumalanga and 0.25% were from the Northern Cape. Sandton, 20.59% seems to be the area from where most people requested information on divorce, maintenance, parental rights, custody, domestic violence and general family law, followed by Cape Town 20.56%, Pretoria 15.23%, Johannesburg 8.92%, Durban 6.91%, Centurion 3.01%, Roodepoort 2.84%, Port Elizabeth 1.85%, Krugersdorp 1.66% and Randburg 1.48%.
More wives 51,7% than husbands 34,4% initiated the divorce according to the latest data. With the exception of women from the black African population who had a lower proportion of plaintiffs 44,1%, the proportion of women plaintiffs from the other population groups was above 50,0%.
White population group 57,8%, coloured population group 56,9% and Indian/Asian population group 54,6% were women. However, it should also be noted that the black African population group had a much higher proportion of divorces with unspecified sex of the plaintiff 17,3%.
Couples from the white population group dominated the number of divorces until 2007 thereafter, the black African couples had the highest number of divorces up until 2014. In 2003, 40,0% of the divorcees were from the white population group whereas 24,3% came were from the black African population group. By 2014, 37,1% of the divorcees were from the black African population group and 28,2% from the white population group. The proportions of the divorcees from the coloured and the Indian/Asian population groups were quite constant during the twelve-year period. However, there was a prominent increase in the proportions of divorcees from the coloured population group (from 16,3% in 2013 to 20,2% in 2014) which may have affected the result. Generally, there was an increase in the proportion of divorces for black Africans and decline for white population group from 2003 to 2014.
Occupation of Plaintiffs
It is noted that a high proportion of the plaintiffs 28,2% of the men and 30,9% of the women did not indicate the type of occupation they were engaged in at the time of divorce. In addition, 15,2% and 22,1% of the men and women respectively were not economically active at the time of divorce.
Most plaintiffs were:
- professional, semi-professionals and technical occupations 12,0%;
- managers and administrators 9,3%; and
- 9,2% in clerical and sales occupations.
Some differences were observed regarding the type of occupation of men and women. The men who initiated the divorce were largely managers and administrators 14,5% while the women were mainly in professional, semi-professionals and technical occupations 14,3%.
Number of times married
Results presented that divorce cases for both men and women were mainly from individuals who had married once. About 80,0% of divorces for men and women were from first-time marriages compared to 12,4% of men and 10,9% of women from second-time marriages. Around 2,0% of men and women were getting divorced for at least the third time.
Age at the time of divorce
The median ages at divorce were 43 years for men and 40 years for women, indicating that generally, men were older than women, with a difference of about three years. The pattern of median ages in 2014 by population group shows that black African and white men had the highest median age of 44 years while women from the other population group had the lowest median age 33 years. The difference in the median ages at the time of divorce for men and women was higher among the other population group (ten years) than among black African, coloured, Indian/Asian and white population groups. Although there were differences in the ages at which most men and women from the various population groups divorced, the age patterns were quite similar. The data revealed that there were fewer divorces among the younger less than 25 years old and the older (65 years and older) divorcees. For men, the peak age group at divorce was 40 to 44 for all population groups. In the case of women, the peak age group for coloured and white population groups was 40 to 44 and the black African and Indian/Asian was 35 to 39.
Duration of marriage of divorcing couples
Statistics from the annual divorce data do not give a comprehensive picture of the number of marriages ending in divorce. The largest number 27,3% of the divorces were for marriages that lasted between five and nine years. This group is followed by marriages that lasted between ten and fourteen years 18,7% and marriages that lasted for less than five years 18,4%. Thus 45,7% of the 24 689 divorces in 2014 were marriages that lasted for less than 10 years. According to results irrespective of the population group, the highest proportion of divorces occurred to couples who had been married for five to nine years. Thus 32,6% of divorces from the black African; 25,6% from both coloured and white; 24,4% from the Indian/Asian population groups were marriages that lasted between five and nine years. For the white population an equally high proportion 23,7% of divorces occurred in the first five years. Furthermore, for all population groups, after nine years of marriage, the proportion of divorces declined as the duration of marriage increased.
Divorces involving couples with minor children
In 2014, 13 676 55,4% of the 24 689 divorces had children younger than 18 years. The coloured and the white population groups had the highest 64,9 and the lowest 46,2% percentages respectively. The distribution of the number of children affected by divorce shows that 39,1% were from the black African population group; 24,9% from the coloured population group; 23,3% from the white population group and 5,6% from the Indian/Asian population group.