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Legalbrief   |   your legal news hub Sunday 14 December 2025

Divorced to save their relationship!

A Free State High Court judge has had to grapple with an unusual legal question - a divorce application by a couple who said it was the only way to save their relationship, according to a Volksblad report.

The husband, a 29-year-old businessman from Bloemfontein, testified that he and his wife had a much better relationship before they got married. And their psychologist agreed the marriage would not work if they remained legally 'attached'. Said Judge Corne van Zyl: 'I must say, in all my years practising as an advocate and later as a judge I have never encountered such a situation.' She explained that she could not grant the divorce if she was not satisfied that the marriage had broken down irrevocably - the parties had told the court that neither plans to move out of the marital home. However, after hearing the 28-year-old wife's testimony as well, Van Zyl decided to give the couple the 'benefit of the doubt'. Finding that the relationship would not last if they remain married, she granted the divorce order. Full Volksblad report