Download free printable divorce summons form samples in pdf, word and excel formats. The divorce process in south africa can either be a quick and relatively straightforward procedure or a very longwinded one. The process is easy and without hassle, simply fill in the online divorce application form and your papers will be ready in less than 24 hours. How to find a divorce lawyer in cape town, south africa. In south africa, we have a no fault system of divorce, meaning that a divorce will be granted if one of the parties believes that there has been an. Legal separation does not exist in south africa even if you are no longer living. Linda was at all material times domiciled in south africa and was a south african citizen and permanent resident of south africa. What are rulesprocedures when it comes to serving summons. The divorce process is started by serving a summons. Its commonly argued that a high divorce rate is a new trend of.
More about south african family law adultery and the law. Here follows an example of a sheriff letter for divorce summons the combined summons. Divorce combined summons ooreenkoms kontrak south africa. Summons case no 9226570 in the supreme court of south africa witwatersrand local division in the matter between. Sheriff letter for divorce summons combined summons. Robinson, the south african civil union act 17 of 2006. Summons, particulars of claim, and defendants plea. You can divorce in either the regional court of the magistrate court having jurisdiction in your area or in the high court.
Actual documents and questionnaires will be completed through an interactive online interface using rapidocs our free document assembly software. Selfhelpdivorce diy divorce we will draft your divorce papers. Respondent has since given notice of intention to defend and i am currently awaiting his plea. Sep 10, 2017 a within 10 ten days of the service upon himher of this summons file with the registrar of this court at keerom street, cape town a notice of hisher intention to defend and serve a copy thereof on the plaintiffs attorneys, which notice shall give an address referred to in rule 19 3 for the service upon the defendant of all notices. A default divorce is a form of uncontested divorce. The divorce process in south africa grobbelaar inc attorneys. Divorce papers diy divorce attorney assisted divorce. The report shows that divorce rates in south africa in 2014 increased by 3. Divorce plaintiffs particulars of claim ooreenkoms kontrak. Sign the combined summons and particulars of claim where indicated by plaintiffs signature. In south africa, the marital regime of the parties determines how the assets will be divided upon dissolution of the marriage, the assets being those at the time of the divorce. Civil marriages, civil unions and religious marriages conducted by registered marriage officers can only be dissolved by order of the court. Divorce agreement template can be used to clearly define the settlement terms with your spouse. Our online divorce application form is now also available in a printable format.
The only uncontested diy divorce endorsed by a law firm. Complete the free online divorce form below to assist you with your unopposed divorce. The first defendant is the government of the republic of south africa, acting through its national treasury, department of finance, department of defence and its department of trade and industry, care of the state attorneys office, 255 frances baard street, pretoria, gauteng. Legal separation does not exist in south africa even if you are no longer living with your husband and not divorced. May 08, 2014 south africa has one of the highest divorce rates in the world. In matters where there is disputes over the children, it will be better to see an attorney. An online divorce, managed by an attorney, is the recommended option when the divorce is uncontested and when at least one of the parties is domiciled permanently residing in south africa. These templates can be used to make agreement sample regarding property division, child custody, debts, accounts, etc. A final decree of divorce was granted by default dissolving the bonds of marriage between the applicant and the respondent on 2 august 2012. Do you wish to complete your divorce application form offline. Printable divorce application form maurice phillips wisenberg. Divorce application forms divorce attorney south africa. The template is available in pdf, word, and excel format.
Summons, pleadings formal court documents and court notices. The summons issued instituting divorce proceedings is absent any claim by the respondent for forfeiture of benefits. Divorce particulars of claim western cape high court cape. For example a divorce summons is served by a sheriff in some countries known as a. Our online application form addresses the requirements for the summons in further detail. Dec, 2010 if you intend to get divorced in south africa, the best way would be to use an online divorce service like edivorce.
You can use our divorce agreement template to come to terms with the spouse. Less expensive than other forms of divorce fast and simple very convenient. Divorce settlement agreement template get free sample. Just remember that custody and divorce laws vary by country and state, so you should always consult a local lawyer. Civil procedure rules in the magistrate court saflii. The plaintiff knew the defendant before she left south africa and. Printable divorce application form maurice phillips. Ooreenkoms kontrak south africa agreements south africa free agreement samples.
The second defendant is the armaments corporation of south. May 08, 2014 steps to follow if you are doing your own divorce diy divorce stepbystep checklist 1. To be effected, should the person served sign receipt. May 25, 2011 what are rulesprocedures when it comes to serving summons.
Summons divorce western cape high court cape town our. After completing the below form, we will email you the summons, in pdf format, so you can print, sign, issue and deliver them. However, jc pretorius attorneys can also assist you with an attorney assisted divorce. Used for recission of default judgement, supported by affidavit. Case no 9226570 in the supreme court of south africa. This may be good news to divorce lawyers or people who run removal companies, but its challenging if youre married.
Summons commencing action in which is included an automatic rent interdict. To prevent fraudulent marriages in south africa, the department of home affairs allows you to check your marital status via sms. Civil unions the civil union act effective from december 2006 allows anyone regardless of their sexual orientation to marry either through a civil union, a civil marriage or a customary marriage. Divorce summons form 14 free templates in pdf, word, excel. On 30 march 2010 the plaintiff issued summons out of this court.
A divorce is instituted by action proceedings, which means that you need to start the process by issuing a summons. A guide to getting a divorce in south africa expatica. Simple undefended mobilaw divorce antohnie attorneys. Combined summons sheriff letter for divorce summons. With the exception of a divorce summons all other summons ought to contain. Welcome to selfhelpdivorce, for your diy divorce papers in south africa. The rules of civil procedure in the magistrates court in south africa have recently. The relief sought includes prayers for a decree of divorce and. Civil procedure in south africa is the formal rules and standards that courts. The divorce process online diy divorce specialists. If you would like to get a professional drafted summons to divorce your spousepartner, but cannot afford a legal practitioner, please complete the form below. A divorce summons must be served personally on the defendant by the sheriff of the court.
A divorce summons must be served personally on the defendant by the. Divorce in south africa 3 types of divorce divorce attorney. There are certain matters for which a combined summons is prescribed. Upon his death his estate was administered and wound up by the office of the bantu affairs commissioner, johannesburg. Divorce papers diy divorce attorney assisted divorce all in one. Inform the minister of defence, cited herein in his official f capacity as being the person legally responsible for. You can draft your own divorce papers for a quick divorce in south africa. This pdf file is a sample of the documents and execution instructions offered from this website.
Sep 10, 2017 divorce particulars of claim western cape high court cape town have a family law appointment with us. The divorce process in south africa and the procedures to follow in contested and uncontested divorces, how summons is issued and general information about counterclaims and particulars of claim and general information about the divorce trial process in s. Please note that all documentation on the site is in pdf eform format and require acrobat reader to open and read. In an uncontested divorce by agreement, the summons is accompanied by a deed of settlement, which we will prepare for you. On receipt of your application form, maurice phillips wisenberg, will provide you with a mandate letter. Sep, 2017 the divorce process in south africa is relatively simple. A court will grant a divorce by default if you serve a divorce summons on your spouse and heshe does not. Inform government of the republic of south africa, acting through its national treasury, department of finance, department of defense and its department of trade and industry, care of the state attorneys office, 255 frances baard, pretoria, gauteng. To start the divorce process you need to have a summons served. At the hearing of this application the pleadings in the divorce matter will be made available to this honourable court. On 5 january 2000 i issued a divorce summons against respondent in the above honourable court, under case number 402000. Child custody agreement template use this standard custody agreement template to outline the key conditions of the most important aspect of a divorce.