The management of divorce cases in South Africa and their effects on men: a case study of Nzhelele and Thohoyandou Magisterial Districts in Vhembe District Municipality

Abstract

The institution of marriage is regarded as one of the most important institutions in South Africa. There are different laws that are put in place to ensure that this institution is entered into in a right manner. These laws validate the existence of the institution of marriage. They guide how it is formed and also how it can be dissolved. Marriage symbolises the coming together of two people in a union that allows them to share each other's resources' strengthens and weakness. Companionship and dependence upon one another is often found within the institution of marriage.

When the institution of marriage is dissolved or when it breaks down and the spouses go their separate ways, this ending or dissolution of marriage is referred to as divorce. There are many causes of this and also challenges that come with divorce. This study investigated how the management of divorce cases affect men, financially, socially and economically. The study was conducted in Nzhelele and Thohoyandou in Vhembe District Limpopo Province. The methodologies used in this study were mixed methodologies in that; the data collection processes that were followed were both qualitative and quantitative in nature. An interview schedule and a survey questionnaire were used to collect the data. The findings of the study are that divorced men face emotional challenges that are a result of the feelings of anger, betrayal and hurt and the financial loses they suffer because of the divorce. Another finding is 'that men face financial hardships due to a loss of valuable assets and estate; they also face social challenges as a result of loss of custody of children and difficulties in co-parenting children between two households. Another finding is that the management of divorce cases does not favour men more and women instead of men get custody of minor children more. The study recommends that that in divorce cases men's needs and challenges should be taken into consideration and should be awarded the same opportunity or an equal chance to can get the custody of minor children and also receive maintenance from their former spouse.