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Consequences of divorce


A decree of divorce terminates, with prospective effect, all the personal consequences of the marriage. As in the case of the dissolution of marriage by death, the wife may either continue to use her husband's surname or, without requiring the consent of the Director-General of Home Affairs, resume a surname which she bore at any previous time.

Both of the parties are free to marry other persons. If, however, parties to a common-law marriage decide to remarry each other, a new marriage ceremony must be performed. The old common-law prohibition on marriage between an adulterous divorced spouse and his or her lover is obsolete.

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