Introduction
If you want to start divorce proceedings, but your spouse lives abroad, you need to first obtain the court’s consent to serve the divorce papers via an alternative method. For example, via email, WhatsApp on Facebook. Below you will find a template to serve the Divorce Summons via email.
Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.
If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law matters.
NOTICE OF MOTION TEMPLATE
IN THE HIGH COURT OF SOUTH AFRICA
[DIVISION NAME], [CITY]
Case No.: [Insert Case Number]
In the matter between:
[FULL NAME OF APPLICANT] (Applicant)
Identity Number: [Insert ID Number]
and
[FULL NAME OF RESPONDENT] (Respondent)
Identity Number: [Insert ID Number]
(Application for leave to serve by Edictal Citation)
NOTICE OF MOTION
TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court on [DAY, DATE, YEAR] at [TIME], or so soon thereafter as Counsel may be heard, for an Order in the following terms:
- The Applicant is given leave to serve the Combined Summons, issued in the above Honourable Court under case number [Insert Case Number] (the Action), on the Respondent by Edictal Citation;
- Service of the Action, the intended Rule 43 Application and any Order so granted, is to be effected on the Respondent by electronic mail, to the email address: [Insert Respondent’s Email Address];
- Should the Respondent intend to defend the Action:
- The Respondent shall notify the Applicant’s Legal Practitioner at the email address [Insert Legal Practitioner’s Email Address] of such intention, within 10 (ten) days of transmission of the Action via email. Such notification shall also be filed on Court Online; and
- Thereafter, and within 20 (twenty) Court days after emailing the notice of intention to defend the Action as aforesaid, deliver a plea or exception with or without a claim in reconvention to the email address [Insert Legal Practitioner’s Email Address] and file it on Court Online.
- Further and/or alternative relief.
TAKE NOTICE FURTHER that the Applicant has appointed the Firm [Insert Firm Name], with its details as stated below, as the Legal Practitioner of record and address at which the Applicant shall accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that the Affidavit of [Insert Applicant’s Full Name] attached hereto will be used in support of this Application.
KINDLY PLACE THE MATTER ON THE ROLL ACCORDINGLY.
DATED AT [CITY] THIS [DAY] DAY OF [MONTH] [YEAR].
[Insert Legal Practitioner’s Name]
(Legal Practitioner of the Applicant)
Firm Number with the Legal Practice Council: [Insert Firm Number]
Address: [Insert Firm Address]
Tel.: [Insert Telephone Number]
Email: [Insert Email Address]
High Court Box: [Insert Box Number]
Ref.: [Insert Reference Number]
To:
The Honourable Registrar of the [Insert Division Name] High Court
[Insert Court Address]
FOUNDING AFFIDAVIT TEMPLATE
IN THE HIGH COURT OF SOUTH AFRICA
[DIVISION NAME], [CITY]
Case No.: [Insert Case Number]
In the matter between:
[FULL NAME OF APPLICANT] (Applicant)
Identity Number: [Insert ID Number]
and
[FULL NAME OF RESPONDENT] (Respondent)
Identity Number: [Insert ID Number]
(Application for leave to serve by Edictal Citation)
FOUNDING AFFIDAVIT
I, the undersigned, [FULL NAME OF APPLICANT], do hereby make oath and state as follows:
- THE APPLICANT
- I am an adult [male/female], the Applicant in this matter.
- The facts contained herein are within my own personal knowledge and are both true and correct, unless the context indicates otherwise.
- My identity number is [Insert ID Number]. I am [Insert Occupation or “unemployed”].
- My residence is [Insert Full Address].
- THE RESPONDENT
- The Respondent in this matter is [FULL NAME OF RESPONDENT], an adult [male/female] [Insert Occupation].
- The Respondent resides at [Insert Full Address].
- His/her identity number is [Insert ID Number].
- THIS APPLICATIONThis is an edictal citation application to serve a Divorce Summons and an intended Rule 43 Application on the Respondent via email due to his/her living and working outside South Africa.
- THE MARRIAGEOn [Insert Date], at [Insert Place], the Respondent and I married each other (the marriage). There are [Insert Number] minor children born from the marriage. The minor children are currently living with me at my aforementioned address. I am their primary caregiver.
- DIVORCE SUMMONSOn [Insert Date], I instituted divorce proceedings in the above Honourable Court under case number [Insert Case Number]. The indexed and paginated Summons will be filed with this Application at the hearing of this matter.In short, I seek spousal maintenance and a redistribution order in terms of section 7(3) of the Divorce Act 70 of 1979, where I claim [Insert Percentage]% of the Respondent’s net assets. I also seek relief regarding our respective parental responsibilities and rights.
- ATTEMPTS TO SERVE THE SUMMONS[Provide details of attempts to serve the summons and any relevant correspondence, replacing specifics with placeholders as needed.]
- SERVICE VIA EMAILDespite concerted efforts to have the summons served on the Respondent in South Africa, it did not happen. The only alternative is service via email, as the Respondent resides outside South Africa.The Respondent’s email address is [Insert Respondent’s Email Address]. This email address is regularly checked and used for work and personal matters.
- PRAYERFor the reasons outlined above, I humbly and respectfully request an Order as outlined in the attached Notice of Motion.
- I am indebted to this Honourable Court for its valuable time.
[FULL NAME OF APPLICANT]
__________________________________
SIGNED and SWORN to before me at [Insert Place] on this the [Insert Day] day of [Insert Month] [Insert Year], the said deponent acknowledged that s/he knows and understands the contents of this affidavit and that s/he had no objection to the taking of the Oath and that s/he considered the oath as binding on his/her conscience, by uttering the words: “I swear that the contents of this declaration are true, so help me God”.
__________________________
COMMISSIONER OF OATHS
