Frequently asked questions on Divorce
We proud ourselves on our knowledge on family law, and related matters relevant to South Africa. This includes issues and questions surrounding divorces, custody and child maintenance. Feel free to browse through the questions and answers below. Should you not find the answer to a divorce question you are looking for, scroll down to the bottom of this page and post your divorce-related question. Or you may click here to take you to the bottom of this post where the questions start.
How does it work to get a divorce/divorce process?
Only a court of law can divorce you. Therefore, a spouse should take the other spouse to court. You or your lawyer would have to approach the Divorce Court of the Family Court.
What is the procedure or process a for divorce?
One party needs to sue the other party for a divorce. This can be done in the High Court of the Family Courts. Once all the paperwork is done, the matter is set down for hearing or trial where a judge or magistrate would divorce you.
How long does it take for a divorce to be finalized?
If a divorce is undefended, it can take about 6 weeks. However, if the parties wish to litigate, it can take many months, up to 2 (two) years.
How long will it take for a divorce to be final?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
How long does it take for someone to be served with divorce papers?
If the person’s home and work address are known and the person is usually there, it can take a day or two. This depends on when the Sheriff is available to serve the summons. However, if the person is not always at work or at home to be served, it can take some time.
How long does it take for a divorce to be finalized?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
How long does it take to get a divorce decree paper?
One the divorce is finalised, it should take about a week for the divorce decree or order to be typed out and available for collection.
How is a divorce finalized?
A divorce is finalised by a magistrate or judge granting a decree or order of divorce.
How long does it take to get an amicable divorce?
If the parties are on the same page and want to keep things friendly, it can take less than two months.
Why does it take so long to get a divorce?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. The problem is that when the matter becomes defended. it can take many months to finalise.
How long does it take to get a divorce by mutual consent in Cape Town?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
Is adultery against the law in South Africa?
No, it is not a crime. However, it can be ground for a divorce.
What does in community of property means?
In community of property means that there is just one estate. At divorce, the estate has to be divided.
What can be contested in a divorce?
Anything the other spouse asks for can be contested. This includes maintenance, custody and the divorce itself.
How long does it take to get a divorce in South Africa?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
What is the meaning of uncontested divorce?
An uncontested divorce is a term used to describe a divorce where both spouses agree to the divorce and the terms thereof. They then both co-operate if the finalisation of the divorce.
What is the divorce?
A divorce is the dissolution of the marriage. In other words, you are no longer married after the divorce.
When do you get served divorce papers?
Once a spouse instituted divorce proceedings, you should then be served with divorce papers by the sheriff of the court.
How long does it take to file for a divorce?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
How long does it take to get a divorce in Cape Town if both parties agree?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
What is the final decree of divorce?
It is an order, where the Court dissolves your marriage.
How much does it cost to get a divorce?
The court does not charge for a divorce. However, your lawyer would charge a fee, as well as the sheriff of the court who serves the divorce documents.
How long does it take to get a divorce in Cape Town?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.
How do I go about filing for divorce?
You should issue a summons at the Divorce Court.
Is a civil marriage in community of property?
Yes, unless you entered into an ante-nuptial contract beforehand stating otherwise.
What happens if your spouse refuses to sign divorce papers?
If your spouse refused to sign divorce papers, the divorce proceeds on a defended bases.
What happens when you file for a divorce?
The legal process follows. Ultimately, you want to have the matter heard before a magistrate or judge.
What is the meaning of notice of bar?
A notice of bar is a notice given to the Defendant, who filed a notice of intention to defend, but did nothing afterward. Therefore, you a notice of bar is issued, the Plaintiff may go ahead with finalising the case.
What is the meaning of a customary marriage?
A customary marriage is a marriage based on custom. An example is that of Xhosa or Zulu marriages.
How long does it take to get a divorce in South Africa?
If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. Therefore, it is in their best interest to try to resolve matters as soon as possible.
How does it work to get a divorce?
One party needs to summons the other party to Court. Therefore, a divorce cannot take place without a court process.
What is the procedure for divorce?
One party needs to summons the other party to Court.
How long does it take to get a divorce if both parties agree?
The quickest is for four weeks.
How much does it cost to file for a divorce in South Africa?
If you attend to your divorce, there are no costs, other than sheriff fees.
How do you file for divorce in South Africa?
A divorce has to start with a court process called a Summons. This document is issued at the divorce court and served on the spouse.
What is an uncontested divorce in South Africa?
An uncontested divorce in South Africa is where both parties agree on the terms of the divorce. In other words, there won’t be any opposition to the divorce. Only co-operation.
How long does it take to get a divorce in Cape Town, South Africa?
If all goes well and the divorce is uncontested, it would take approximately two (2) months to finalise.
How long does it take to get a fast divorce in Cape Town, South Africa?
Approximately two (2) months.
How long does it take to get a divorce in South Africa?
Each court is different. However approximately two (2) months.
When a divorce is final?
A divorce is final when you obtain a decree of divorce from the Judge or Magistrate. Therefore, a court process needs to take place.
How can I get a divorce without a lawyer?
You do not need a lawyer to attend to your divorce. You can do it on your own. The best option would be is to approach the Family Court in your area for assistance.
How long does it take to get a divorce in Cape Town, South Africa?
If the divorce is undefended, it can take about six (6) weeks.
How long does it take for someone to be served with divorce papers?
It can take a day or a few weeks. It all depends on when the sheriff is available to serve the divorce papers, as well as the ability to serve. In other words, sometimes the Sheriff takes a while to locate the party who must be served.
How long does it take for a divorce to be finalized?
It can take up to 6 weeks. Therefore, if you want to finalise a divorce quickly, agree as soon as possible.
How can I get a quick divorce in South Africa?
A divorce is very quick if you and your spouse agree on the terms of the divorce. You may then enter into a consent paper and have that made an order of the court. If you follow that route, with a divorce lawyer, you can be divorced within a few weeks.
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Hi, what happens if we file for divorce, sign the settlement etc. it’s finalised, and then change our minds and get back together a few months later? Can the divorce be rescinded?
I filed for divorce, almost seven years ago. My ex contested, she wants something I will not agree to. Married in community yes but my lawyer said this is something I don’t have to agree to, but the ex is not budging. We have been living seperate lives for six years, the kids are all grown. There has been no real “movement” in over two years. How do I approach court to get this finalized? What can I do?
My spouse and I are married out of community of property and we acquired a house where we have been staying together before I temporarily moved to work in a province away from our matrimonial home. The bond is registered in their name. My spouse says they want divorce but no formal procedure has began yet, they are reluctant to do so. I want to fetch some important documents but I my spouse say they don’t want me to come there, I should tell them whatever I need and they will take them to someone, then I will get them from there.
What are my rights as a spouse, and theirs as the registered owner with regard to me accessing the place?
Good day.
What can be done when your spouse is hiding financial assets during divorce?
Hi i am waiting for divorce decree. I been married for 24years living with my husband and two children 22years old and 17 years at his family house which is now on his name for more than 15years . I will like to know what will happen when it comes to division of estate because we are married in community of property.
I am 61 years old and trying to obtain a divorce from my spouse of 21 years. She is 58 a qualified working professional and we have a 19 year old daughter together. Since I left the house 3 years ago, I’ve been paying for the bond, university fees, maintenance of the house and the car my ex-to- be drives is fully paid by me. She’s always been narcisistic and controling. She’s been maried before and has two sons from her previous marriage whom I helped to raise. She left her permanent employment and now working on contract basis since our divorce. She does not want to settle even after I offered her 50% of everything. She continues to run up the legal bill and now threatens to Rule 43 me based on the fact that her contract of employ is coming to an end in June 2023. I feel like I am just paying for her entire existance and she and her attorney is financially and legally bullying me and my attorneys are not doing much to defend me. Everything I do to obtain a divorce and my freedom get countered and contested by her and her Attorney. I am so tired of this. Can you help please?
Married with ANC n without Accrual. I want to file for divorce. Issue is marital house is on the husband’s name. He doesn’t contribute anything to the household and due to this am not yet financially stable to afford a place of my own with our 2 kids n 1 grandchild. Is it possible for me to request to remain in the house until financially stable when I file for divorce as I oversee everything currently in the house our eldest daughter and grandchild?
You are welcome to request. Alternatively, request maintenance for your self and the children so you can afford a place.
I got divorced 2017 but found out today at home affairs that it shows that we are still married. Dhe has in the mean time also married someone else. What am I to do here and what are the legal implications for me? Please assist urgently
It seems the divorce was not registered. Take a copy of the divorce order to Home Affairs.
Hi,
My husband retired and got paid out his pension while our divorce still pending. Gepf says he is no longer active,however Ive instructed my lawyer to file an urgent court order to Gepf before my husband’s retirement date which he obviously didn’t do. Is there any recourse I can get.
My husband filed for divorce this year, right after we went to court for protection order. Which I filed for because his to abusive and he even called his family to chase me out of our marital home. But my question is can I still give him our child even though the child visited him a couple of times and he locked our child alone in the house. He will return whenever he wants to the child, when the child is with me. The child is always scared that I will leave as well, even when I go to the toilet my child will follow me around to make sure that I am home. Now my husband is busy calling, sending me text messages and even emails me asking for our child. Should I let the child visit my husband or not
What happens when a Divorce decree states that the Property should be sold but one party then leaves the house and stops paying their share of the bond and maintenance? This after 6 years and then returns and wants the house sold. Is the party that walked out still eligible for 50% of the profit on the sale of the house? This party did not pay any maintenance nor bond nor costs etc..
You would then have to agree on an adjustment. Otherwise, approach the court.
Hi. I handed over the divorce papers to my husband of 22years and requested his signature. He hasn’t returned them. He comes home, behave like nothing happened and also make love to me, make me breakfast and also tell me his whereabouts. I’m now so confused
Good day
It is best to consult with an attorney to assist in finalising the divorce.
I want to apply for divorce.
My wife and I are married approximately 2 years with ANC without accrual.
She moved out 2 months ago already and the day she left I told her she is doing it of her own free, I don’t want her to leave and will not support her leaving in any way.
She is working and has 2 kids from previous relationships, we have none together.
Can she claim spousal maintenance after she moved on her own and maintenance for her kids from other men, her eldest is 19 years old already?
Also she has no car and wants 1 of my 2 cars, 1 of which she knows I was always going to give my daughter.
She is blacklisted and cannot get any credit, so should I bear the brunt of that now because she cannot afford stuff for her kids. Mustn’t the 2 fathers also contribute to her rent, amenities and groceries now?
She want to say she moved cos in the past there were 2 or 3 times I said “take your stuff and leave” out of anger and frustration, but always said I don’t mean it.
How can divorce papers and protection order be served to someone without an address (informal settlement) that lives in another province? Husband abusive and will contest divorce. Sheriff says plaintiff must deliver her own divorce papers to husband but she has no place to stay in the province he lives and would be putting her life at risk.
How can divorce papers and protection order be served to someone without an address (informal settlement) that lives in another province? Husband abusive and will contest divorce. Sheriff says plaintiff must deliver her own divorce papers to husband but she has no place to stay in the province he lives and would be putting her life at risk.
You must ask the court for directives.
Once a person has been summonsed with divorce papers, can it be withdrawn?
Yes, Plaintiff may withdraw it.
I got divorced on the 2 July 2020. Our settlement agreement was agreed to by both of us and signed off by the Judge. In June 2020 my ex stopped paying the car and the insurance on the car (this is in the settlement agreement). I am paying the car now because i need this car to get to work and really cannot afford it and he also gets away with paying the car. He has a bike which is fully paid for. what can i do.
This is so unfair, he stopped paying the car a month before we got divorced. I had to pay R25000.00 to stop the bank from repossessing the car in October thats when i found out he had not paid it. he stood in court and said that he agrees with the settlement agreement knowing that he had not paid the car for June and July. Please need advise
You need to approach the maintenance court ASAP and lay a complaint.
I have filled for notice of withdrawal in 2018 and now in 2020 at Clerk of court, do I still have a chance to file for divorce. What route do I have to follow.
If you withdraw your first divorce action, you can file one again.
If a person listed adultery as a reason for divorce but that is not true how do you go about getting that changed if you have already been served the papers by the sheriff?
If you were the one that stated it in your summons, then you must apply to the court to have it amended. If you are the defendant, then you need to prove to court it was not true.
My husband and I live in the same house in the same town. He filed for divorce with an attorney in a different town. Will the case be heard in the town we live in or in the town he filed?
The divorce would be heard by the court where the divorce was issued from.
Hi
Summons were served against me, plaintiff wants access to two minors. My problem is spouse is mostly outside SA, is it allowed to ask that he gets supervised visitation rights as he has a girlfriend now and I don’t want my kids meeting different girlfriends? 2. Spouse married me along with my older son who he doesn’t father biologically but agreed to adopt culturally,can i claim maintenance for my first born child also?Does the law accept that?
What does the court say when plaintiff disposed his personal assets before filing for divorce in order to avoid sharing of estate equally upon divorce?
Good day
Stepparents are not obliged to maintain step-children. You may, however, see what the maintenance court advises you. Your husband is not allowed to dispose of assets as you mentioned.
Can my divorce be settled in the Regional court if we have a minor child?
Good day
Yes, it can.
Hi. Will I be able to claim for spousal maintenance as well as child maintenance? My husband earns more than me and with him filing for divorce, he will be putting us into financial difficulty and knows this and keeps using it against me, threatening to pay as little as possible, if anything at all. He laughs at the idea that I want to claim spousal maintenance. Hes a horrid person. Guess that’s what addiction does to a person. Also. He has been using my credit card and maxed it. Is he liable for half the payment? Thank you.
Good day
You may claim spousal maintenance. The court would then decide if there is a case for it, and the amount and duration.
Can a divorce be legal if I never received or signed a summons from the court even if I was at the court hearing with my wife on the day. Are there any lawyers that’s able to help me who I can pay later on as I’m unemployed?
Morning, my husband filed for a uncontested divorce in Dec 2018 , but still did not take the papers to the sheriff. Can I file for divorce
Good day
Yes, you can.
Hi. My wife and me are married for a few months. I went and filled in the divorce papers at the court. But I never give the papers to the Sheriff to submit it to her. Plus I have a case number, I want to cancel my divorce. What happens now? Please advise. Thanks.
Good day
We advise you to file a notice at court with stating that you no longer wish to proceed with the divorce. Visit the divorce court and they would advise.
Filed divorce March 2018 through the lawyers.Ex husband running around from sheriff dont want to sign the application.What is next step now?
The Court can allow the summons to be issued via email, or newspaper etc. It is best you speak to the court or a lawyer to assist you.
My husband of almost 10 years married ICOP filled for a divorce on my request after i found out that he has been living a double life for the past 5-6 years and they have a 4 year old child together. I moved out the house as i have my own children and it was very stressful and verbally abusive for us. They are now living in the house with my husband as we are not divorced yet. We have signed all the documents and are now waiting for a court date as i have put a counterclaim against him because he was very abusive when we did the papers.
What are my rights now as he is not adhering to the agreements that we have signed.
Also have requested maintenance as i am not sure what money he used for them during our marriage with out my concent
Good day. Seeing that the matter has already been enrolled with the court, it is best to wait for the outcome of the case.
Good day.
I’m in the process of getting a divorce and we are married in community of property.. My husband wants to liquidate all our assets, 2 houses, furniture, 2 cars.
Who’s gonna pay for liquidation? Do we have to go to court and apply for liquidation, if so who’s gonna pay for that?
What is the difference between liquidation and selling the properties.
Which one is less expensive?
Good day. Where parties are married in community of property and do not agree on how to divide their joint estate, the court has the power to appoint a receiver or liquidator to divide the assets of the joint estate. An alternative, is for both parties to enter into a settlement agreement (consent paper) which will regulate the proprietary issues which occur once a marriage is terminated.
Good evening. My wife and I got divorced 26 Feb 2020. We agreed she should pay me half of the value of our house and she goes on with the bandage payments. Now her lawyer say that there’s a formula. We also have a non registered business that’s still operating but I don’t see a cent of the profits. Who’s business is it now? What she bought stays hers and same with me. But I cant take nothing. Cant be in my house because of protection order. Cant drive the car. All business equipment and house furniture should b mine cause I paid for it. Nothing. I’m unemployed and still going from 1 place to the other while she’s reaping all the benefits and sleeps sound at night. She have 4 months to pay me out on the house. What can I do. Nothing about business or her pension was motioned in court. Is the divorce final or are we still married. Also my neighbour signed for the summons. I never saw nothing. She told me about the date and I didn’t know if I may speak in court cause she had a lawyer
Thanx
Complicated R
Good day
We strongly suggest that you have a consultation with a lawyer and discuss the issues raised. Consider the link http://www.ourlawyer.co.za/advice .
I devorced 5 years ago, I was a defended my ex-wife was a plaintiff,my devorce decree stated that settlement should be marked B, I went to court requesting for copy of settlement in order for me to claim from my spouse pension fund but I got rejected by her pension fund due to wording it doesn’t specify pension interest for non member spouse and the name of the pension fund,it’s only mentioned 50/50 share of pension until the date of devorce,also the settlement was not marked according to court rule, but my ex spouse spouse managed to claim from mine pension fund last year in 2018, and changed the joint estate property by endorsement in 2017 without my knowledge as the settlement was finalised as the immovable should be sold and share 50/50 since we were married incomunity of property and even the settlement was still unmarked when she claims and changing the ownership of the joint property to her name up until now never get anything from settlement,only her alone managed to her 50% from my pension fund and also take it out my name from immovable property.
Good day. It is very important to draft the clauses in your settlement agreement correctly. Failure to do this could result in the fund administrator rejecting the agreement. If this were to happen, an application can be made to court to vary or amend the settlement agreement.
How long after a divorce can I re-marry the same person out of community of property.
The very next day.
I would like to know how long does it take to get a court date for a divorce. I was served on the 27 Oct 19 . Stil didn’t hear nothing. It is uncontested. In community . Married 3 years . Does she get 50 % of my pension. And how long does the process take uncontested divorce.
Good day
If you were married in community of property, she is entitled to 50 per cent of your pension and visa Versa. When the divorce is uncontested, it should take a few weeks. All courts are different. Call the court to determine how long it would take.
I’m filing for divorce, will my ex be able to take my car that I bought cash? Or would we need to sell it?
It depends if you are married in community of property or out. If in, then the estate must be divided equally, this includes debts. If out, then it belongs to you. Then there is the issue of accrual if out.
Good day..
My spouse filed for divorce in January and I still haven’t recieved summons. I was hoping to reconsile with her but she has since moved on with somebody else and now lives with the guy while I stay with our 2 kids. In the divorce I agreed to pay a certain amount for the kids as maintenance and now I don’t as I look after the kids. What are my rights here. She wants to take the kids away from and go live on her own or with boyfriend.
Good day
We suggest you approach the divorce court for an interim order dealing with care and contact and child maintenance pending the divorce.
Thank you and he being the plaintiff, what happens on day of trial. If he doesn’t appear at court.
Your advocate would advise you accordingly. But if he does not appear, then your advocate must proceed with the counterclaim.
good day,
my husband the plaintiff applied for divorce, we married community in property. the trial date is set for 3 months time. His lawyers withdrew from his case.
it is a contested divorce, what happens on trial date when i appear with my advocate and he is not present, as he is the plaintiff. Can the divorce be finalised or what is the case.
Good day
Your husband would have to represent himself. It is not a requirement to make use of an attorney or advocate.
Good day
My husband , the plaintiff filed for divorce, we married community in property, we cannot reach a settlement with the joint estate, we got a trail date to go to high court, His lawyers now withdrew from his case , so he does not have any legal representation, what happens when me the defendent goes to court on trial date with my advocate, can he request a postponement and also if he does not appear, can the divorce be finalised as he is not there, although he is the plaintiff
Good day. My husband left our home 7 weeks ago and filed for divorce. I will receive the summons on Saturday. I don’t want this divorce as it was so quickly and I did not even know he is planning on leaving. He brings up nonsense that it has not been going well between us and I always argued with the children and he does not love me any more, but that is not true. I know he had / have an affair (that he deny) but I still love him. We did not promise each other a lifetime of marriage just to throw it away after 10 years without trying to work things out. He is not acting like my husband, it is as if he changed over night.
Can I ask the court for counseling sessions first before we proceed with the divorce that will effect so many people negatively.
Good day
Counseling is a very good option. A lot of resources and time gets spend before reaching the judge presiding over the matter. This issue is best to be resolved beforehand, to avoid the latter. We suggest you have an attorney approach him to try to meet with a counseller sooner than later.
Good day is it possible if i have a court date and the case is uncontested the defending lawyers can threaten to come to come and defend the case or do they need to send me corresponding leters showing that they have defended the case since we did nt find anything on the case file showing they have defended the case.
Good day
The lawyer should follow the law and the client’s lawful instructions.
Good Day
I made a down payment towards the house we bought which i have been making all the bond payments towards the house alone as we going through divorce can i claim for that down payment against her which i got from my family or do they need to sue both of us so they can recover the down payment money they gave me. We married in community of property.
Good day
I presume the Joint estate received the deposit. In that case, both of you are responsible to pay it. The family would have to claim it from you both.
My wife and I are busy with a contested divorce. I filed and she contested. Married out of Community with ANC without accrual.
Her lawyer now subpoena my broker and my accountant to declare values of my annuities and new start up business as they want to claim half of my annuitites for one. Is this possible? She never made any contribution to the household,, I paid for everything. She did have a job but used the money on herself. We have kids and went through the family advocate where it was recommended that I be awarded primary custody of the children. We are separated and stay at different addresses and the children see her every 2nd weekend.
Can she still claim half of my assets or annuities?
Good day
As she has lawyers, there must be some legal basis on which they are laying claim to it. However, normally, if you married out of community of property and without the Accrual, there is no claim. We suggest you set up legal advice consult with an attorney to assert the issues. You may follow this link, http://www.ourlawyer.co.za/advice .
Hi
My husband told my family that he filed for divorce in March 2019. It is now mid July 2019 and I have not yet received the divorce papers from the sheriff of the court. I have a fixed home and work address and I am available at most times. Is it normal for the delivery to take this long? How can I go about tracking the progress of this divorce?
Good day
It is quite long to wait. It is possible they never instructed the sheriff at all. You may consider instituting a divorce action against him. We suggest you set up legal advice consult with an attorney to assert the issues. You may follow this link, http://www.ourlawyer.co.za/advice .
thanks for the response what about the debt she mentioned that i cant expect her to pay for the debt that i have even when we married n community of property she says i must prove that the debt was made for the marriage is this correct, how is debt dealt with in community of property
You are welcome. The debts must be shared equally. The debts belongs to the Joint Estate.
Hi
we married in community of property and getting a divorce with 3 minors in the marrage, i want everything to be shared 50/50 but the ex wifes says i cant have the house, i have to leave the house for the minors and not get my share is this leaggly correct can the court force me to leave the house and not sell it because we have minors
Good day
Unless one party can pay out the other party, the house would have to be sold to divide the Joint Estate.
but can the judge finalise divorce on trial day?
Yes, it is possible. It all depends on the issues involved.
good day,
we married community in property, we cannot reach a settlement agreement, rule 43 is in place in terms of maintenance and visitation of 2 minor children. trial date is set for SEptember 2019. what happens on the trail date and when is final divorce decree issued
Good day
On the Trial day each party will have to prove their case. Regarding the final decree, it would depend on how long the judge needs to decide on the matter.
good day
i need to know can i appeal the manatainance money if it is too much
Good day
Yes, you can appeal a maintenance order.
HI I HAVE RECEIVE THE SUMMONS LAST YEAR SEPTEMBER, AND EVEN TODAY I NEVER RECEIVED A DATE FOR A TRIAL, FOR A DIVORCE, AFTER THAT THE PLAINTIFF IS SAYING THAT THE COURT MISSPLACED A FILE, I NEED TO KNOW WHAT WLL HAPPEN NOW, HOW LONG DOES IT TAKE TO GET A DATE FOR A TRIAL, IT HAS BEEN 8 MONTH NOW, IS THIS NORMAL
Good day
A divorce can take a very long time if the parties does not finalise it. Seeing that the other side is not finalising it, you need to go to court and finalise your matter.
Can you file for a divorce while still living in the same house?
Good day
Yes you can.
WHAT HAPPENS IF THE COURT MISPLACE THE DIVORCE FILE
You should ask them to make a duplicate.
we are married in community of property. divorce proceedings started in sept 2017. most of the debt was in my name. while we were married we always split everything. the month i left he stopped paying all together any debt. after 17 months he still has not given a cent. our divorce has still not reached a point. my credit score has gone from 897 to just under 400. i cant even apply for a small loan. my question is this. can i get back payments on debt i paid? that he pays at least half. and then any outstanding debt to be split? thank you
As you are were married in community of property, you are both liable for the debt. If you pay for it, you can claim half back from him.
My husband was served the summons today, what is the time frame before I go to court for the final hearing?
Good day
You need to ask the clerk or registrar of the specific court where their trial dates are lying. It also depends if the case is defended and if there are any delays in the finalisation of the matter.
No need to respond my lawyer just confirmed that my divorce will the through by end of March whoop whoop.
Hi, my divorce was finalised in August 2018 but I still haven’t received the divorce decree. How long does it take?
Good day
You need to ask the specific court why is it taking so long. Usually, it takes a few days, up to 2 weeks. As we said, it depends on the specific court.
Hi.
My sister-in-law is married in community of property and it has now come out that her soon to be ex husband put a tracker on her car, either himself or via an investigator, and wants enter this into evidence against her. He is alleging an affair on her side which is completely untrue.
Is he within his rights to do this without her consent?
Thank you in advance.
Good day
It would be a violation of her privacy rights.
good day i am mantaining the child finaciallty but mu spouse does not want me to have access to my child it hass been for 5 moths now withou t seeing my child what must i do
Good day
We advise that your approach the children’s court in your area ASAP.
i s ther any possibility that i can file the plea for replication against the plaintiff, and the other thing how long does the dicovery takes
Good day.
We advise that you have an attorney look at your documents and advise you on what next pleading to file.
Discovery can take a few weeks depending on the lawyers involved.
what is discovery
That is when the parties inform each other of what documentary evidence they have in the case.
Good Day
i have a divorce decree that i cant use to get my ex husband pension funds , what will it take to get it amended? to specify 50 percent instead of what is written divisional of joint estate?
Thank you
Good day
If you want it amended, you would need to apply to the court. You would have to provide that it was in error, fraud etc.
Good day, I need some advice please. I have been divorced for 3 years now and in the divorce decree it states that my ex must keep me on the medical aid to ensure I have medical cover. He now wants to cancel the medical aid, he says he cannot afford it. What are my rights, can I claim anything from him? Thank you.
Good day
He would be in contempt of the Court order if he does not keep you on his Medical Aid.
good day
i would like to know what happens next after the plaintiff files replication plea
Good day
Depending on the facts, you may want to plea to the replication. Usually, not.
Now discovery takes place.
Good day
I want to file for divorce. I want to know however if there is a way that i can do it without going to court myself or my spouse.
Good day
One spouse needs to appear in Court on the day of the divorce. It is best to get a lawyer on board to sort out all the legalities, and then only on the hearing date, one party appears.
Good Day,
I got divorced almost 19 years ago. My divorce decree states that our house should be sold. My ex and I agreed that I can have the house as he was unemployed and could not pay maintenance. He signed an affidavit at the police station ceding all rights to me. I lost the original of that affidavit however I do still have copies. He has recently sent me legal docs claiming his share. I no longer live at that property as I too lost my job and currently have my brother residing at the property until such a time where our son is able to work and sustain that property.
Can my ex force me to follow through with the divorce decree? And will the affidavit copy stand in court?
Good day
I have filed for a divorce and apparently my spouse is contesting it, i only found that out when i went to court to get a date and they say i need to wait for a letter via post advising me of what exactly she is contesting. why was it posted and not brought to me by the sheriffs or how does it work if someone is contesting
Good day. Only the summons is sent via the sheriff of the court. All other documentation is sent by delivering it to your address in person, via post or via email. Seeing that your spouse is contesting the divorce, we advise that you seek the assistance of a lawyer.
hy i need to know how long does it takes to set the matter to court and to get the date for the trial about the divorce
Good day. It all depends on the specific court. Some courts requires months, and others up to a year.
Hi there…divorce was finalised last year in April..The judgement was half share in the estate..My ex is remarried now so I would like to be paid out my share of the estate..how do I proceed also maintaince is not being paid on time and I would like to increase it..advice please..thanks
Good day. You and your husband, must come to an agreement on how to divide the estate. If the cannot happen, you would need to approach the court to appoint a liquidator. Regarding Maintenance, it may be best to approach the maintenance court. If you wish, set up a consultation with us.
Good day
i want to know what will happen if my spouse is refusing to sign the settlement agreement, i am paying for mantainance for the minor child,1200, and i need to know how long does it takes to set the matter to court, she is giving us run around
Good day
If your spouse does not want to sign the settlement agreement, the divorce must proceed as if it is defended. You cannot force a spouse to sign. The Court would then make a ruling.
In February of this year I instituted divorce action. In March I applied for interim maintenance, which application was granted. In October I withdrew the divorce action in an attempt to reconcile, my ex however continued, under the same case number and on the basis of his counterclaim, with the action. Is the interim order still in force? What is the quickest, cheapest method of having this confirmed in court?
Good day
We presume you are referring to a Rule 43 Application in the High Court or Rule 58 Application in the Magistrates Court. The interim order can only be confirmed once the divorce is finalised. The court hearing the divorce would make that decision.
Good day. I decided to give our marriage another chance after filing for divorce in 2016 My husband would not agree to an amicable settlement. However my husband has been having an affair since 2016 and will not break it off. He has been moving in and out and recently again moved out our rented residence . I have just received an email saying he will cancel my medical membership if I am not nice . Can he do this and because i withdrew the case in 2017 may i issue a summons with a new settlement. Do I have to allow him to move back again. He is abusive and i had a restraining order before. Im 56 years old and this stress is too much we have been married for 15 years. He is 9 years younger than me. Please assist me kind regards Mandy
Good day
Your matter sounds very complicated. We advise that you speak to a lawyer face to face regarding it. You may, however, approach the maintenance court if he removes you from his medical aid. And yes, you can issue divorce again with new terms.
Good day,
The father of my 9year old son was recently fired from work and is now just shrugging his shoulders and leaving me to pay for everything. We do not have a maintenance court order in place… what are my rights now? Will I even be able to collect “arrears” from him once he works again? .. I am very concerned!
Good day
You can still approach the maintenance court. They can proceed against his parents if he cannot find a job. As there is no order in place, you can claim for pass expenses.
Hi, my wife want to divorce because she unhappy. She want to pay me out on our house but i want to sell house. Can the court order her to sell house as both our names on the house. married out of community with accrual. Or can court order me to accept to be paid out.
There is no need to sell if she is willing to pay you half the value. If however, you can’t come to an agreement, the house must be placed on auction and both might lose out.
Good morning
I have taken the liberty of addressing my query to you from Italy after researching online.
Please can you confirm whether a final order of divorce would be printed on an official Supreme Court document and that it would be signed and stamped. The copy that has been presented to me merely states that ‘the marriage is dissolved and that the settlement agreement has been made an Order of Court’. This document is not dated signed or stamped.
Good day
The document you have does not sound 100 percent correct. We, however, would need to see it to give you a proper answer.
Good day. Could you kindly advise if whether a spouse to a marriage out of community of property excluding the accrual system can claim legal costs from the other upon dissolution of the said marriage?
Good day
Yes, it is possible. However, the court would decide if the costs order is warranted.
Good Day,
I filed for divorce 7 years ago, can I cancel it? I do not want to give my wife what I offered 8 years ago. Circumstances changed since then.
Good day
If the divorce is still pending, you can apply to amend your claim.
My husband was physically abusive and he does not want to sign a parenting plan re our daughter. He refuses to give an address where he lives. The only one I have is in a different province belonging to his parents where he does not live for long. He himself does not have a fixed residential or work address. He has also changed his telephone numbers, ignores all correspondence regarding our divorce but wants to be able to remove our daughter from the school premises to spend time with her. I have been making 100% of the decisions and supporting our child financially 100%. I am afraid he will kidnap her and I will not be able to track him or her down. I am seeking sole guardianship with supervised access because of his abuse. Can I request that the school not allow him to take her off the property? He can see her but not leave with her. What information should I give the school as the divorce is not final yet and I don’t have a court order as yet?
If I started with the divorce and would rather not want to go ahead what do I do? I already gave in our marriage certificate, so do I finish the divorce where we then say we would like to go for counseling or what can we do?
Good day
You can withdraw your action at any time before the divorce is granted. If you have an attorney, he needs to file a notice of withdrawal. If not, you should do so.
Is there a time limit on this paperwork for divorce, in other words if the counseling does not work can I still go ahead or do I have to re apply?
Good day
How far is the matter? Has the summons been served and have they pleaded?
Which one is cheaper for turning my marriage regime from COP to ANC. Getting divorced and remarry with ANC or just going through the process of conversion
Good day
A divorce and remarriage would be the cheaper option. But then you would have to state under oath the marriage has broken down which is not correct. We would, however, advise the conversion.
Which one is cheaper for turning my marriage regime from COP to ANC. Getting divorced and remarry with ANC or just going through the process of conversion
Good day
A divorce and remarriage would be the cheaper option. But then you would have to state under oath the marriage has broken down which is not correct. We would, however, advise the conversion.
Hi good day after a loved one passed away and the transfer of her house was not finilise meaning the laywers was almost ready for lodgement and registering it to the new owners but she passed away before that could happen. she had a last will and testament so the sale will still go on but i want to know how long does the whole process take
Good day
We would not be able to guess how long it would take. It is best to speak to the people handling the estate.
Good day after my mom divorced and she get her divorced papers they sold her house wich the court granted her but before the transfer of the house happen to the new oweners she passed away.when we go to homeafairs to register her death we were told she never register her divorced so we submit her divorced dokuments and were told it wil take a while to get her deathsertificate.but now her ex husband is claiming if the divorced was never register by homeafairs than he is stil antitled to her house and want to stop the sale of the house.can he do that
Good day
The registration of the divorce at Home Affairs does not affect the divorce. The House still falls under her estate as per the divorce order.
Good morning, Is there a way to save my GEPF from being withdrawn by my husband, the matter is still with attorney set down for pre-trial, I left home due to an abusive husband, who at some point withdrew his pension with the fear that I might divorce him, it was 4 years ago?
Good day
If you are married in Community of Property, the pension forms part of the Joint Estate. It may be best to discuss your concerns with a divorce lawyer to explore if there are any other options available in your specific case.
Hi, I am a foreigner with permanent residence married for 15 years in COP with 4 children, all South Africans. My wife got her permanent residence last year December 2017 on accompanying spouse and 3 months down the line, she asked for divorce, before even contacting any lawyer, she abandoned me with all the kids and went back to her parents overseas for the past 5 months. She left me with all the debts contracted together and now all my assets have been repossessed. What’s the law says in this case, especially about her visa and the debts?
Good day
The joint estate is responsible for the debts. So whatever you and her own, belongs to the Joint Estate and the creditors can enforce their rights against whatever you have. Regarding the Visa, you may have to speak to the department of home affairs about your specific issue.
Hi, I am a foreigner with a PR and married in community of properties for 15 years with 4 kids who are all South Africans, last year December 2017, my wife got a PR on accompanying spouse visa. Two months after that, meaning February she started asking for divorce and left me with the kids. She went back to her parents but hasn’t yet filed for divorce. On her PR, it says that I can cancel her visa, has she has been out of our life for the past 5 months!!! Now, I am having problems with all the debts we contracted together and it’s difficult for me to buy new properties because of the community of properties . How can I cancel her Permanent Residence???
Good day
We advise you set up a meeting with the relevant office at the Department of Home Affairs for advice on this issue.
Good Day
I would like to inquire ion the following please.
Once you have been server with a divorce summons from court and you and your spouse’ lawyers are in the process of a settlement and cannot reach an agreement, is your spouse allowed to go to another court to file for a separate or another divorce summons without your knowledge and change to new lawyers that disregards the previous court summons?
Thank You in Advance.
Good day
No, you are not allowed to issue a new summons from another court while the matter is pending.
Ten days (working days) ago my soon to be ex was served the divorce papers by the Sheriff. He didn’t appeal or defend this, when can I apply for a Court date?
Good day
It depends on which court it is. But if 10 days was the date for your spouse to file their notice of intention to defend and it did not happen, then you can immediately set the matter down. You, however, need to check with the registrar or clerk of the court.
Once a uncontested divorce is final, can you re-open the case to contest the divorce
There must be a good reason why you want to rescind the divorce order. One could be fraud on the part of the Plaintiff. It is best to consult with a lawyer on this issue.
Am married in community of property and my wife already stays with another man for 5 months now our divorce is still pending further more she forced my parents to give her furniture they gave her and she’s now contesting the divorce what will happen in this situation as this Thursday we are going for kids custody
It seems that the marriage is over. As you are married in community of property, the joint estate must be divided. As for the kids, the court would decide what is best for them.
How long do i have to be married before i can get divorced
There is no minimum time period.
Thank you for your response. He said he can get a SAP205 ( not sure what that is) then he does not need my consent to pull the tracking.
Thank you for your response. He said he is going to get a SAP205 ( dont know what that is) then he does not need my consent to do it
I am busy getting a divorce. Our son stays with me. And goes to his dad every second weekend. He wants to now pull the tracking report on my car for the weekends my son is with me. Is that allowed?
You do not have to agree on the tracking of your vehicle.
I divorced in October 2016, got someone to take over my house payments and split the proceeds with ex. She hasn’t sold our car and denies me visitation of my daughter. Please help
Good day
We advise you approach the Court to enforce your divorce order.
Hi, how long can I remarry my ex spouse after getting the divorce decree?
Good day
You can get married immediately.
Good day
How long does it usually take for the High Court to sign the final divorce order once the final court hearing has happened? My attorney advised that they are still waiting for Pretoria High Court to sign my final divorce order. It’s been almost two years. Is this normal? And where or what can I do to follow up on this matter? Thank you
Good day
It may be best to contact the Court. Two (2) years sounds a bit too long.
My husband has been diagnosed as a sociopath and he has now resorted to brainwashing our 4 year old daughter when he sees her. He was physically, emotionally, financially and verbally abusive during our marriage and has never contributed financially to our daughter and won’t agree to any type of parenting plan. Are these sufficient grounds for me to be awarded full legal custody and only supervised visitation for him.
The court would have to make that decision. We can only guess. The court would determine what is in the child’s best interests after hearing and considering all the facts.
Good day
Got married May 2018. Husband filed divorce September 2018.
Does wife’s parents have right to sue husband for wedding expenses they carried in full?
Good day
It depends on what the agreement and understanding were if any.
Hello,i am the plaintiff and defendant refused to sign the summons from the sherrif,,,but sometime later we met with family advocate and got report back from him,,my spouse is not working I am the only one supporting the kids,,,and now we got the set down date for trial, ,i need to know how long will it take to get decree,,,after trial in october 2018
Good day
After the Trial, the Court should give the Judgement / Decree the same day or soon thereafter.
Hi.
My husband wants to change the grounds/reason for divorce on the summons he was served with.
Can we still do that and how do we go about doing it.
Thanks
He would need to file a plea and state the reason he believes are the grounds for the divorce. He may do so with a counter claim.
My summons was issued in November 2017. My husband has been evading the sheriff since. Will the summons expire if the sheriff couldn’t trace him?
They would have to issue a new summons with a new date.
My husband refuses to give an address for the sherriff to serve the summons. He is unemployed and is never in one place long enough to be able to serve him. I have tried asking friends of his and his family but none of them will give me an address to find him…how can we serve him the summons? He has been ducking and diving for almost a year now.
The is something called substituted service. Speak to your attorney about it. It is possible to serve him via email or the newspaper with the court’s consent.
My husband filed for a divorce in September 2016. We have finally reached a settlement agreement but I am told by my lawyer that my husband has lost the original summons and is unable to get the matter to sit down for hearing. My lawyer forwarded my copy of the summons to my husbands lawyer so that they can use it instead. What will the court require my husband to do since he doesn’t have the original documents and is there something I can also do as the defendant because I want this divorce to be through already. How long will this process take for us to get the date for court? The case is in Pretoria.
An affidavit can be filed stating that original summons is missing and that there is a copy. There should not be any issues. If the court file is missing, a duplicate can be opened.
Plaintiff & defendendent married A.N.C. excl accr for 19 years. Both parties have no pension interests & no residual value in estates as liabilities exceed assets. Both previously had earned well in long term employment. Current S.A. employment situation affecting permanent employment. Income derived from part time employment & piecemeal jobs. Plaintiff now 2 months permanently employed earning minimal net income. Combined summons registered, & served on defendent, return of service filed. Notice of intention to defend filed. Unsure if defendent filed plea as yet however defendent advised plaintiff verbally that a request is for life time alimony plea.
1. How does plaintiff counter plea
2. When can plaintiff request for set down date
3. If both parties negotiate an amicable settment on alimony can each part submit a signed documented affidavit to court to this effect and can plaintiff then proceed with set down date.
1. We advise you see an attorney to assist you with the plea.
2. Various courts have different rules. It may be best to check with your specific court.
3. If they sign a consent paper, it can be made an order of the court.
Hi, my lawyer detected that the divorce summon is defective. The plaintiff lawyer uses section of the act that has been repealed and some paragraphs are missing like from paragraph 8 the lawyer jumped to paragraph 11 and my laywer used this loophole on the plea to have the case thrown out of court. What are the implications?
If the case is thrown out, the Plaintiff would have to re-issue a proper summons.
Hi there. What happens if the husband or wife evades service of the summons? Cant he divorce still go through on default?
The summons must be served on the spouse. If it is not possible, you need to approach the court for substituted service.
My mother got divorced 10 years ago and she did not contest the divorce because she was traumatized by the whole process. We had to move out of our family home she bought with my dad, she basically left with nothing from the divorce. I would like to know can she still contest the divorce after so long?
Yes, she can. But whether she would be successful is something she needs to properly discuss with a lawyer face to face.
Please assist. I have been divorced for 2 years now. We were married in community of property though I bought the house before. I want to sell the house now, does he have any rights to my house. The divorce decree is silent on immovable assets, just days we will keep our own movable assets in our names
Seeing that you brought the house into the marriage, it formed part of the joint estate. If the divorce order is silent on the house, then he has a say to it. It is best to see a lawyer on this issue or call us on 0214243487.
8 weeks ago my husband and I signed the consent paper. Now he wants to have the consent paper amended. Is this possible?
If the Consent Paper was made an Order of Court, then he should make an Application to Court for its amendment.
What can be done in the case where an ex was supposed to have a property transferred int her name by a certain date and his has not happened?
You can approach the Court to force him to do so. If he still does not, the Sheriff can be instructed by the Court. It is best to see a lawyer for this.
Hey
Is it legal for a man to get married to someone else if he is still married in community of property to his first wife. Thank you.
Good day
It is illegal to get married civilly with some someone else.
Hi there,
Can the parties see someone else while the divorce are still ongoing or do you have to be divorced first?
Good day
If the marriage has broken down and the divorce is pending, there is nothing legally baring a spouse from seeing someone else. It may be best to wait until the divorce is finalised.
My one friend is trying to get the divorce finalise for 10 years now. The spouse refuses because she refuse to support herself. What should he do? He doesn’t want to leave as he want to get the divorced finalised in a decent manner.
The divorce is a defended divorce. So it will have to go that route. The matter must then be set down for trial. That can be in a few months.
I’m awaiting my court date in a amicable divorce. My current partner is seriously ill and wants to marry me asap but we are unsure of the time frames applicable after my day in court. Given the exceptional circumstances is there any way around waiting for the final decree so we can get married?
An amicable divorce can be set down quite quickly. In the Western Cape High Court, within 2 days. Your lawyer could be busy.
my husband instigated and divorce and now says I should go collect the decree. he is now claiming furniture he bought but I did not sign any agreement form
If you were married in community of property, that agreement falls within the marriage. You would still be liable.
With my divorce in the decree my ex was ordered to purchase me a house to a certain value at a set date… what to do if he did not adhere to this
You can approach the court and make an application for contempt of court.
Husband and I separated in Feb 2017. He refuses to provide any address to serve summons. Only communication is via watsapp…how does he get served?
You need to get a tracing agent. If that wont work, you need to see an attorney about the issue of substituted service.
Hi I live in the U.K. But was married in South Africa. We have been slit for 8 years and now agreed to a divorce. Do I as the plaintiff have to go back to South Africa to attend court or can I get the divorce while staying in England by doing it all online???
Good day
Please call our office on 0214243487. Can we presume that the Defendant resides in South Africa? If the divorce is defended, then you would have to come to South Africa and present your case.
Defendant is in South Africa and is happy to attend court in my place if that is acceptable? No property or children an uncontested divorce just want it sorted as simply as poss.
Thank you. Feel free to contact our office on 0214243487 to set up a consultation to discuss the way forward.
Hi. I divorced 11 years ago and received a divorce decree. However 8 years ago I got married but was not asked to produce divorce decree.
In the interim I have been unable to receive a marriage certificate from home affairs to date, its been 4-5 years and applied several times for a abridged and unabridged marriage certificate. No marriage certificate.
My ID and passport is in my married surname.
Does this mean my marriage is not valid > How would I go about to find out?
You need to go to the Divorce Court and ask for a copy of the divorce order and show it to Home Affairs.
Hi, I filed for divorce but everyting is still pending as he is contesting (not signing). After 6 months that he left the house I started seeing someone else. May he use that against me in any form since i am concerned about custody over my children.
He can only use it if it is not in the children’s best interests.
I’m out of the country and if my spouse should file for divorce does this mean that the court will go ahead if I am out of the country?
If the Court is happy with the form of service, then the Court would go ahead. If one is out of the country, the court would usually authorize and edictal citation. They may service you via email etc.
Good evening just a quick question what happens if I was divorced by my husband 2014 and he divorced me again in 2017 but I only found out now that he has left RSA,by doing so was to not pay maintenance seeing that he got away without paying arrears or maintenance no order nothing but draft order of 2014 states maintenance now he is in arrears but it came up I was divorced in 2014…but we were separated until now last year when he divorced me what now?
As he is overseas, you need to approach the maintenance court for assistance. They would have to trace him an follow a different procedure to recover the maintenance.
Hi there,
I am the defendant in a divorce case but I would like to know how will I know if im divorced? I have not received official notice of a divorce date.
Good day
Go to the Court and show them the Summons. They can then check the court file.
I’m married in community of property and we divorcing but we recently bought a house jointly but I’m the only one contributing to the bond. we have agreed that I will keep the house. once we receive the decree what is the process of removing her name from the property documents at the bank (bond) and the deeds office. are there any fees to be paid for the change of ownership from two owners to only one both at the banks and the deeds office. tx
You need to see a property lawyer after the divorce.
Hi, we are married out of community of property with ANC without accrual. Im told that this has changed and now we have to split all assets but not liabilities. Is that correct?
The situation would remain as per your ANC. Nothing changed.
I got divorced on 27 January 2006. I have now found out that Home Affairs says I am not divorced. What happens now if I want to get married (2018).
I noticed that there are no ID numbers, Logo or a date stamp on my papers. My ex wife refuses to give me a certified copy of her ID so that I can sort this problem out. Please can you come back to me urgently.
I have found that there are numerous people in the same situation. Something has to be done about this.
Kind Regards
Dr Jean Buitendacht
Good day
You need to take a copy of the divorce order to Home Affairs. You may consider going to court to get a stamped copy.
Hello, Home Affairs has not yet changed my Status from ‘married’ to ‘divorced’. I have twice given them a copy of my ‘Final Decree of Divorce’ but they are asking for the ‘Divorce Order’. Neither I nor my ex-husband received any other documents except the Final Decree and Settlement Terms as signed by us and issued in the High Court Cape Town. Is there a further document of Divorce Order and how do I get it if not through Home Affairs?
Hi can i sell my house if my husband did not contest the divorce and im the one getting the house.the house is paid up….do i get a letter from the court stating that the house is mine or how do i go about it
Good day
The Court order should stipulate that the house is yours.
can my lawyer draft my divorce and send them to court without my signature, if so how long will it take for my spouse to be summoned because it’s been a month I spoke to my lawyer but no news from her till now.
the Lawyer would sign the Summons. Best to ask him how long its going to still take.
Hi. My husband says he won’t sign the divorce summons. What can I do? He was supposed to be served in January 2018 but always tell the sheriff he is out of town or insults them.
Hi, he does not have the sign. The Sheriff must just give it to him.
I was married in 2017 ,when i went to check my married certificate in home affairs , I found that my husband is married with another woman.I did ask him and he said that he did not know about that marriage and he agree that woman was ex girlfriend.what he knew is that he did an engagement party with her family and her priest and he told that it an engagement signature not marriage signature.what should Ido?
You may want to speak to the priest and find out the true facts of affairs.
GOOD DAY. I am married in community of property and would like to find out how the assets are divide. there is no property. how exactly does this work. if for example my debt is 100 000.00 and his id 50 000.00. he has the family car worth 60 000.00 and mine 30 000.00. my household assets are 15 000.00 and his about 50 000.00. how exactly is this all split. I have internet surfed and even asked my lawyer but can never receive an exact answer. please help
Basically you both have to come together and work out what the Joint estate is work (assets and liabilities) and then make sure both comes out with an equal amount. If assets must be sold, then that must happen.
Hi. I am married in community of property. Divorce started in sept 2017. We have signed no papers and have not even yet gone to court. My husband went to bank in jan 2018 and took out a personal loan to the amount of 60 000.00. I was not phoned or informed about this. Bank says he signed a declaration stating he is legally divorced. My question is this. What legal action can be taken against him?
Good day. Your attorney would be best to assess the situation. But if the facts allow, forfeiture of matrimonial benefits on his part may be an option.
I am the party who request for a divorce and court date has been set for May. Can my husband withdraw the case because i have changed our 7rd old school to homeschooling?
As you are the Plaintiff, only you can withdraw the matter.
Just a quick question. How long does it take to request pre trial date. Please advise the waiting period
Hi can i communicate to spouse that he is going to be served divorce papers and he needs to avail himself to receive it.
Good day. Yes you can.
If the final divorce decree was granted in August 2016 but I challenged the contents of the decree which was not successful. What else can I do in such a case?
You can appeal.
hi I handed my spouse a settlement agreement but did not yet file for divorce however she don’t want to sign,many things happened like adultery and she aborted a child and then after that she twice tried to commit suicide which landed her two times in a phsigriatic hospital and than she was diagnosed with Bipolar.I don’t have any children with her we have a house which I pay every month and she don’t work.I went through a lot of emotional stress and the one day she says she will sign the settlement and the other day not.What do you think is the best advice for me.
There is no obligation on her to sign the document. We advise that you proceed with the divorce as if it is defended.
Just a quick question. Plaintiff lives in Johannesburg. Summons will be issued out of Johannesburg High Court. Defendant words and resides in Umhlanaga, Kwa Zulu Natal. How many days do we give him to oppose the divorce if he so wishes?
You will have to verify with the divorce court as the defendant lives in a different province.
Hi i want to know if i can still take divorse papers to the sheriff to be served if i filed for divorse in June 2017
Hi, you need to confirm this with the clerk of the court.
Married COP. Defendant gave notice to defend. Only defended after notice of bar was issued. We now have lawyers and he does not want to prepare his discovery as asked by me lawyer. Can we proceed to go to court as we already have a court date. Does my lawyer have to force him to bring foward his discovery. I have done mine in response to his plea. My issue is that my court date keeps getting postponed by my lawyer
Your lawyer would know what is the best course of action.
What Happens with a house when the house is in both parties name but we are married Out of Community (ANC). Also only ONE party have contributed financialy towards the house monthly and also the deposit.
In a case of divorce, the house would have to be sold and the proceeds shared fairly.
Hi i wanna know if the bond house is not fully paid what is going to happen we have one child and we are married in community of property the child is 10months
The Joint Estate would have to be divided. So the house may have to be sold. It can also be agreed that one party retains the house. However, then the bank would have an interest as to the future bond.
I have received my combined summons,i am not contesting the divorce but i am contesting the wishes.do i still have to contest the divorce or is it a seperate matter? How do i contest?
You would need to fine a notice of intention to defend. Then plea, with or without a counter claim.
I am still waiting for your respond. Please respected people.
See response below.
Can u please help with the question of estate division after dissolution of marriage in community of property; where an RDP government house was the only property. No kids. What should happen to the property with regard to divorce decree mentioning equal division of estate?
If the house forms part of the Joint Estate, it must be sold and the proceeds divided between the divorced spouses. Otherwise, one spouse can pay the other spouse out. If they cannot come to any agreement, the property would have to be auctioned and the proceeds shared. One party may have to approach the court to appoint a liquidator.
I never contested my divorce but my ex-spouse told me it was finalised. I never signed anything nor went to court. How do I know if the divorce decree has been signed by the court.
You need to visit the court and find out what the facts are. Take with the documents you have.
IF MY SPOUSE FAILS TO ATTEND AT THE COURT TO DEFEND HERSELF,WHAT HAPPENS?
The court will take the matter as being uncontested and then may give the party what they want.
Good day. Am I allowed to take part in Maintenance hearings via skype? My children ( and their mom) and I are in different provinces.Which piece of legislation governs this?…thank you.
You would need to speak to the maintenance court about this issue.
Is there timeline to effect auctioning of property after getting a divorce order stating Division of joint estate as one of the orders? My divorce order was issued 24-07-2015. Since I was not working I couldn’t afford costs for sheriff to auction for equal sharing.
Order granted 24-07-2015 can it expire
A divorce order does not expire.
There is not specific timeline unless it is stipulated in the divorce order. A reasonable time is expected. Its best to divide the joint estate ASAP to avoid any ownership issues and problems in the future.
Hi just a quick question. …..my divorce was granted on the 6th October and my lawyer says it takes up to 2/4weeks to receive a divorce decree therea no kids involved n no claimings its already the 5th November n no response
Different courts take different times to type out the actual divorce order. Best to take your lawyers word.