060 353 4448 jan@jcpretorius.co.za

JC PRETORIUS & ASSOCIATES INC

Diy Divorce, drafting your divorce papers, Attorney Assisted Divorce and International Divorce

Divorce Papers and process made easy for you by Self -Help Divorce.

Also specializing in Commercial Law, Litigation, Insolvency and Business Rescue.

DIY DIVORCEATTORNEY DIVORCE

Divorce Papers and Process

Divorce Papers

Drafting divorce papers 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. The Divorce Act will be applicable.

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

DIY Divorce

Proceed with DIY divorce all divorce papers drafted by a divorce attorney. Complete online form, quick, effective and the cheapest solution. Proceed now.

Attorney Assisted Divorce (Local)

Attorney assisted, uncontested local divorce in South Africa. We will do all the work for you. Therefore,  you only have to appear in court.

International Divorce

If your spouse residing in another country, we have the solution for you. All application forms complete online. We will assist you with expert advice. Start now.

 DIY Divorce

 

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You can proceed now and all divorce papers drafted for R950.00

Divorce papers will be drafted by a divorce lawyer for your DIY Divorce.

DIY DIVORCE

 

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Self-Help-Divorce – DIY Divorce – We will draft your divorce papers

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 and filing for divorce 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

Divorce Papers & Divorce Process

We will draft all your divorce papers and provide you with a step by step guide to follow in the Regional Court.

Download “DIY Process to follow divorce documents” The-Process-to-follow-Divorce-Papers.pdf – Downloaded 33 times – 296 KB

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

Attorney

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.

Download “Divorce Act” DIVORCE_ACT-70_OF_1979.pdf – Downloaded 15 times – 132 KB

 

Start now with Attorney Assisted Divorce

Divorce Papers International Divorce

Edictal Citation

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.

Download “Edictal Citation divorce documents” 5_Edictal_citation.pdf – Downloaded 15 times – 113 KB

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 

Divorce process

Divorce Process

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:

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 and divorce documents

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.

Contested Divorces

Divorce Papers

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:

  1. pleadings
  2. application for and set down of trial date
  3. discovery of documents
  4. pre-trial conference
  5. trial
  6. judgement

Pleadings or divorce papers also known as divorce documents

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 divorce 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.

Interim relief in matrimonial matters

Rule 43 will apply whenever a spouse seeks relief from the court in respect of one or more of the following matters:
(a) Maintenance pendente lite;
(b) A contribution towards the costs of a matrimonial action, pending or about to be instituted;
(c) Interim care of any child;
(d) Interim contact with any child.
(2)(a) An applicant applying for any relief referred to in subrule (1) shall deliver a sworn statement in the nature of a declaration, setting out
the relief claimed and the grounds therefor, together with a notice to the respondent corresponding with Form 17 of the First Schedule.
(b) The statement and notice shall be signed by the applicant or the applicant’s attorney and shall give an address for service within 15
kilometres of the office of the registrar, as referred to in rule 6(5)(b).
(c) The application shall be served by the sheriff: Provided that where the respondent is represented by an attorney, the application may be
served on the respondent’s attorney of record, other than by the sheriff.
(3)(a) The respondent shall within 10 days after receiving the application deliver a sworn reply in the nature of a plea.
(b) The reply shall be signed by the respondent or the respondent’s attorney and shall give an address for service within 15 kilometres of the
office of the registrar, as referred to in rule 6(5)(b).
(c) In default of delivery of a reply referred to in paragraph (a), the respondent shall be automatically barred.
(4) As soon as possible after the expiry of the period referred to in paragraph (a) of subrule (3), the registrar shall bring the matter before the
court for summary hearing, on 10 days’ notice to the parties: Provided that no notice need be given to the respondent if the respondent is in
default.
(5) The court may hear such evidence as it considers necessary and may dismiss the application or make such order as it deems fit to ensure
a just and expeditious decision.
(6) The court may, on the same procedure, vary its decision in the event of a material change occurring in the circumstances of either party
or a child, or the contribution towards costs proving inadequate.

Attorney Assisted Divorce

Easy online form to complete, we will do all the work for you. Divorce can be completed in 6 - 8 weeks.