JC Pretorius & Ass IncDiy Divorce, Attorney Assisted Divorce and International Divorce
Divorce Papers and process made easy for you
Divorce Papers and Process
Divorce may cloud your judgement, not ours when assisting you in drafting your divorce papers with DIY divorce . We can also assist you the divorce process and do all the work for you with Attorney Assisted Divorce.
We have different options available for you, that will suite your requirements and needs.
JC Pretorius & Ass Inc can also assists you with an International divorce if your spouse resides in a foreign country.
You can count on us to be available for advise and you are welcome to contact us. Hence, we are here to assist you with your divorce taking all your circumstances in consideration at all times. Therefore for a quick divorce in South Africa you can approach us, and your divorce papers will be drafted in a professional manner. We also provide legal advice on various legal matters.
Divorce Papers for a Quick Divorce in South Africa
You can draft your own Divorce papers for a quick divorce in South Africa. The drafting and the process can be difficult above all a divorce can be an emotional and life changing event. Therefore, make sure you get the best advise before proceeding filing for divorce. Hence, we can assist you drafting your divorce papers in South Africa, and you can follow the process in your own name, or we can do all for you with Attorney asissted divorce.
25.323.00 South African filed for divorce every year according to the latest statistics from Stats Sa, Therefore, divorces are nutorious for bringing out some of the worst squabbling between spouses.
Almost half of these divorces came from marriages that did not make it to their tenth wedding anniversary – most divorces took place after five to nine years of marriage, thus making it the average duration for SA marriages. Learn more about Family Law
WE HAVE THREE OPTIONS AVAILBALE FOR YOU
Self-Help-Divorce – DIY Divorce – We will draft your divorce papers
Welcome to Self-Help-Divorce, for your DIY divorce papers in South Africa. However, JC Pretorius Attorneys can assist you also with Attorney assisted divorce.
We use a state of the art online platform. Above all, we will provide you with a step-by-step online solution to finalise your divorce in South Africa. Therefore, you can complete forms online.
Your divorce pack. That is to say your divorce papers are drafted by an attorney from JC Pretorius & Associates Inc. As a result, your documents are unique to your situation.
We will make changes to your divorce papers if needed. As a result, without any further cost. Furthermore, We will also provide you with telephonic advise. In other words, if you need any assistance during your DIY divorce regarding the process we are here to assist you.
You don’t need to pay expensive fees to attorneys. As a result, you can get the same outcome for an uncontested divorce for R950-00
We will draft all your divorce papers and provide you with a step by step guide to follow in the Regional Court.
We are available for any advise you require, but you have to do all the admin yourself. Therefore called a DIY divorce, you will conduct the divorce in your own name.
Both spouses must agree on not only parting ways, but how to commence with it, and how everything will be split.
As convenient as a DIY divorce is and drafting of the divorce papers, many attorneys warn against it when there are complex issues such as the transfer of property and capital gains tax to be dealt with. It is easy to forget about financial implications of a divorce when assests are involved in, through nobody’s fault reason we can assist you as divorce lawyers to conduct your own divorce and draft all your divorce papers.
Start now with DIY divorce
Attorney Assisted Divorce (Local Divorce) Uncontested – We will draft your divorce papers and conduct your divorce
We will do all for you. Therefore, you just need to appear in court, we will conduct your divorce in the High Court. As a result, the divorce process can be completed in 8 weeks.
You complete online apllication form and we can start with immediatly with the drafting of the divorce papers.
We will request more information if required to start draft the Deed of Settlement. The legal document or divorce papersers will be forwarded to you to be reviewed and we will effect changes as per your instructions.The online part means that you fill in a questionaire online, allowing us to ascertain whether you qualify for our services or not or to advise you on the best option available in your circumstances.
We will conduct the divorce process for you in the High Court of South Africa. Therefore you only have to appear in court.
Start now with Attorney Assisted Divorce
Edictal Citation – Divorce Papers – International Divorce
Edictal Citation is used. Where the Defendant lives in another country. Therefore the Plaintiff must use a process called Edictal Citation. Therefore, the Plaintiff must first approach the High Court or the Regional court by the way of an Edical Citation Application.
This affords permission to a Plaintiff to serve the Divorce documents on a spouse in a foreign country. Hence personal service is required.
Firstly, it is important that the Court will require that the Plaintiff is domiciled in the Court’s jurisdictional area on the date that your Divorce Proceedings commence.
Secondly that you are usually resident in that area.
Further that you have been living there for not less than a period on one year immediately prior to that date.
A Summons in a Divorce must be served on the Defendant in person. Therefore, the Court needs to be satisfied that service will be done properly. Above all, by an official of the Court in a foreign country.
The process of Edictal Citation is therefore a procedure according to which a legal document. For example a Divorce Summons is served by a Sheriff (in some countries known as a “service processor” or a solicitor) in a different country.
Above all, if you have a residential or work address for the overseas spouse in the foreign country The Court will grant an order that the Summons may be served on him/her.
In conclusion, to proceed with International Divorce you are going to need attorney assisted divorce to draft all the divorce papers and assist you with the process. Most importantly, to assist you with the best way to proceed with your divorce when your spouse residing in a foreign country and get your divorce finalise as soon as possible.
Start Now with your International Divorce
Divorce papers and process for a quick divorce in South Africa
The divorce procedure in South Africa is relatively straightforward. However, the financial and emotional consequences can be profound for all parties.
Especially since the plaintiff will normally lodge the divorce in the High Court to start the divorce process. The backlog in cases was somewhat lessened. On the other hand, when the Regional Courts Amendment Act came into effect in 2010 to amend the Magistrates’ Courts Act, 1944.
So as to allow regional divisions of the magistrates’ courts to also deal with divorce cases.
Two types of divorces:
- the contested or opposed divorce and;
- the uncontested or unopposed.
Deed of Settlement
An unopposed divorce the spouses are able to reach an agreement. Therefore, the agreement reached between the parties is reflected in a document known as a “Deed of Settlement”.
This document will set out the specific terms of the agreement reached between them. For instance, how access will work where minor children are involved and what amount of maintenance needs to be paid. Spousal maintenance will also be negotiated between the parties.
Very often the where an agreement is reached between the parties. In short, Summons will be issued with a copy of the signed Deed of settlement attached to the divorce papers. Most importantly once service of summons with the attached Deed of Settlement has taken place, which is a formality required in terms of the Rules of Court.
The matter can be set down for hearing. Most importantly the Deed of Settlement will then be incorporated. So consequiently, the deed of settlement will be an Order of Court. Therefore you will get a quick divorce
Process to follow
To start the divorce process the plaintiff need to issue a Summons in the High court or in the Regional Court and get a case number. Therefore, a summons must be served personally on the defendant by the sheriff of the court as it has a to do with a persons status, the summons also referred to as the divorce papers.
The action starts on the date the summons is issued, after the summons has been served in person on the defendant he/she needs to gives notice of intention to defend the matter within 10 days. If the parties live in the same jurisdiction of the court or within 20 days if the defendant live in different province.
After serving the notice of intention to defend the matter. Therefore, defendant must deliver a plea and must either admit, deny or avoid all the material facts alleged in the claim. However failure to plea can result in an order given against the defendant in their absence. Similarly, in default.
A court has jurisdiction in a divorce action if one or both parties are:
- domiciled in the area of jurisdiction of the court on the date on which the action is instituted;
- ordinarily resident in the area of jurisdiction of the court on the said date and has/have been ordinarily resident in South Africa for a period of not less than one year immediately prior to that date.
If a divorce is contested by the defendant it may take between 2 – 3 years. But most contested divorces do settle long before they go on trial. This process consists of various stages:
- application for and set down of trial date
- discovery of documents
- pre-trial conference
Pleadings or divorce papers
The formal documents or divorce papers in a divorce are referred to as pleadings. For example, include the summons, particulars of claim, notice of defence, plea, and counterclaims.
- Summons: The divorce action starts on the date that the summons is issued. If the defendant (the person receiving the summons) wants to dispute the plaintiff’s claim, he/she must serve a notice of appearance within 10 days (if parties live in the same jurisdiction) or 21 days (where parties live in different provinces).
- Plea: After serving this notice of defence, the defendant must deliver a plea within 20 court days. In the plea, the defendant must either admit/deny/confess/avoid all the material facts alleged in the particulars of claim. As a result, failure to submit this plea can result in judgement given against the defendant in their absence.
- Counterclaim: The defendant may deliver a counterclaim against the plea. This can be followed by a further plea to the counterclaim by the plaintiff.
Application for and set down of trial date
The plaintiff then makes an application for a trial date, allocated by the registrar. If this is not done within the prescribed number of days after the pleadings have been closed, the defendant may do so.
Discovery of documents In the period between close of pleadings and waiting for a trial date, there is a process called discovery. This is the where each party demands to see material the other party intends to use at trial. This may include bank statements, shareholdings in companies, credit card statements, bond accounts and tax returns.
Pre-trial conference The court may direct that an informal conference be conducted in the presence of the judicial officer in chambers, in order to consider a settlement of disputes.
Trial proceedings commence with both parties or their legal representatives being given an opportunity to deliver an opening address, in which the court is informed of the issues that are in agreement and those that are in dispute between the parties.
Judgement A divorce trial must culminate in the granting of judgement.
Doing your own divorce. Therefore, we draft your divorce papers might be an option when:
- your divorce is uncontested;
- your divorce is not complicated;
- you have been married for a short period of time;
- you don’t have substantial assets to divide;
- there are no disputes regarding any children; and/or
- you are prepared to do all the admin yourself.
Usually where children are involved or where there are substantial assets, retirement annuities or pension funds, and fix property. It is advisable to seek the assistance of an attorney with family law experience. Note worthy to go back to court after a divorce was granted to rectify mistakes made by you or an inexperienced legal practitioner in a settlement agreement can be rather costly.
Drafting Divorce Papers
Self-Help-Divorce can help you make your separation as painless as possible and remove the frustration of completing a stream of long and confusing forms. Do you want a fast and cost saving divorce? We do not draft generic divorce papers, our divorce documents are drafted by an attorney at JC Pretorius Attorneys to meet your individual requirements. Self-Help-Divorce is a service provided by JC Pretorius Attorneys, a law firm specializing in divorce matters. You will qualify for an uncontested self help divorce in South Africa if you:
- Live in South Africa.
- You and your spouse agree on the settlement terms .
- No disputes regarding your children.
- You are prepared to do all the admin yourself.
Start now by completing on – line application form for an all inclusive fee of R950-00. Your documents will be drafted and checked by a divorce attorney, before we release your documents and step by step process to follow.
Attorney Assisted Divorce (LOCAL DIVORCE) Uncontested
Online divorce process and drafting of divorce papers
Your divorce can now be finalize in 3 easy steps, by using our online divorce process. In conclusion, the best option is do it in an uncontested manner.
When we receive your completed form and payment we will forward quotation to you. Hence, you are under no obligation to proceed.
After you completed forms we will draft deed of settlement and send to you to review same. We will then start drafting all your divorce papers and start with the process you only have to appear in court.
You can proceed to get a divorce quote from us to choose the best option for you. Therefore, the process is relatively easy. For instance, no face to face consultation with an attorney.
Your divorce can be finalized in 4 – 6 weeks. However, you and your spouse need to work together to agree. Above all you will both consult the same attorney the parties agree prior to the divorce on how to divide the assets.
If there are minor children born out of the marriage you will agree which parent will become the parent of primary residence for example.
Both Parties Retain Full Parental Responsibilities and Rights
That the parties retain full parental responsibilities and rights with regard to the care of the minor child/children, as contemplated in Section 18(2)(a) of the Children’s Act 38 of 2005
Permanent Residdency of the minor child/children be awarded to the Plaintiff/Defendant
That specific parental responsibilities and rights with regard to contact with the minor child/children, as contemplated in Section 18 (2)(b) of the Children’s Act 38 of 2005 be awarded to the Plaintiff/Defendant, in the following manner:
- Contact on alternate weekends from 17h00 Friday to 17h00 Sunday;
- Publick Holidays to alternate between the parties;
- Short school holidays to alternate between the partie, and long school holidays to be shared equally;
- At least three (3) hours contact to be awarded to the Plaintiff/Defendant on the birthday of the monir child/children or that of the Plaintiff/Defendant
- Contact on Father’s day from 09H00 to 17H00, if this day does coincide with a normal contact weekend. Contanct on Father’s day alternatively from 17h00 on the day prior to 17h00 on Father’s day, if this day does not coincide with a normal contact weekend;
- Telephone Contact.
That the parental responsibilities and rights with regard to the quardianship of the minor/children as contemplated in Section 18(2)(c) and 18(3) of the Children’s Act 38 0f 2005, be awarded to the parties.
Given the age maturity and stage of development of the minor child/children the parties complied with the requirements of Section 6(5) and 10 of the Children’s Act 38 of 2005.
Deed of Settlement and divorce documents
A Deed of Settlement is then drafted, and signed by both parties.
The Deed will consist of the following:
Parental Rights and Rsponsibilities
Maintenance and that the parties agree and understand that they have a duty and responsiblility to assist each other with regards to the maintenance of the minor children.
Moveable Property and Household Assets
Pension Funds, Policies and Retirement Annuities
List of debts and who are going to pay same
Above all, the summons will then state that the parties have reach a settlement. Most importantly, the summons still need to be served and the rules of the court followed.
In conclusion, the matter will be set down, and the Deed of Settlement will be made an order of the court. This is the most cost effective type of divorce.
Attorney Assisted Divorce
Easy online form to complete, we will do all the work for you. Divorce can be completed in 6 - 8 weeks.