- Family and Parenting
Divorce forms for South African Do-it-yourself divorce
Divorce Procedures and Divorce Papers
Family Law, child support, child custody are all very complicated subjects and we don't expect to do justice to them in such a sort article. This article outlines the situation with adultery and how to divorce if you find that you spouse has committed adultery. How to divorce and issues such as child support and child custody are also important. You can get yourself one of the best divorce lawyers in town but if you can reach a divorce settlement you will be able to have a low cost and quick divorce.
This is a useful extract form the Family Law Service (Schafer) on the subject of divorce procedure which we hope you will find useful.
Family law procedures are all-embracing: they range from the formal to the less formal including the normal proceedings initiated by way of action through the issue of summons or by way of application.
Both application and action proceedings are used in the High Courts the Divorce Courts and the Magistrates Courts. There is an ever-growing practice of initiating motion proceedings in the High Court in respect of matters that were previously only disposed of by action . The use of application proceedings in the Magistrates Courts is restricted to the instances determined in the Magistrates Court Act.
In the normal course, an action is commenced by the issue of a summons. Once the pleadings have been closed the matter proceeds to trial at which viva voce evidence is led. The following are some examples of matters that may be appropriately dealt with by action. Action for divorce, actions in which a decree of nullity is sought, breach of promise actions, actions against third parties who interfere in a marriage relationship. Actions declaring a will invalid.
The Magistrates Courts, however, have no jurisdiction to deal with certain family law matters as actions for divorce, or where the validity or interpretation of a will or other testamentary document is in question or where the status of a person in respect of mental capacity is in question or where the decree of perpetual silence is sought.
Applications in the High Court are initiated by notice of motion supported by affidavit as the facts upon which the applicant relies for relief. The notice of motion must be addressed to the registrar and such other person who should necessarily or property be given such notice. Where no relief is being claimed against any other person and it is unnecessary to give anyone else notice of the application the notice of motion need only be addressed to the Registrar. This is known as an ex parte application and it is also in this manner that interdicts are applied for. Where an ex parte application has been launched on notice to the registrar only, the normal practice is for the court to issue a rule nisi where the rights of the other person may be affected by the final order. The following are some examples of family law matters that may be disposed of in terms of the ordinary motion procedure; application for the variation of an order as to the custody of access to and maintenance of children of a former marriage; application for leave to change the matrimonial property system. Application for the variation of a will. Application to divide a joint estate or for the division of the accrual.
As to the ex parte application this would for example be appropriate where leave to sue by edictal citation is sought . But the number of situations in family law where interdicts would be appropriate are legion. Thus, for example, interdicts may be obtained to evict a spouse from the matrimonial home, to restrain a person from communicating with or associating with a minor against the wishes of a parent to restrain a parent from removing a child from the court’s jurisdiction, to restrain a spouse from squandering or dealing recklessly with the community assets. Except for the order restraining a person from communication with or association with a minor against the wishes of a parent the characteristic feature of these interdicts is that they are interim in nature pending the main matrimonial action. Such interdicts are regarded as permanent only in exceptional circumstances.
Quite apart from the formal action and application procedures referred to above the manner in which a person may be obliged to proceed may be prescribed by the special rules or provisions applicable to that matter. Thus for example the Uniform Rules of Court in the instance of matrimonial proceeding in the High Courts and the Divorce court rules in the instance of proceeding s in the Divorce courts regulate the procedure to be followed in applications for ancillary relief.
Divorce is a very serious business. Divorce Forms are available
Divorce procedure can be complicated.
All about Divorce
The Best option is to seek the services of an attorney when
you find yourself in a contested divorce.
A contested divorce is when you and your spouse cannot agree on matters
such as finances, custody of children, division of the assets and so on. One in
two marriages in South Africa end in divorce according to statistics.
On the other hand, where you and your spouse have agreed on all the matters referred to above you can either go and see an attorney or use a do it yourself service such as Divorce Forms.
The do it yourself option is relatively inexpensive whereas the attorneys charges can be as high as R8,000 for an uncontested divorce. The more time it takes the more it will cost and it is important not to waste time with silly minor matters when attempting to settle the divorce with your spouse. Bills for these kinds of divorce can run into thousands of Rands.
We realized how disappointed clients were after a major battle with their spouses and so we developed Divorce Forms. Divorce forms is an online do it yourself service which not only brings you all the documentation you need to do your own divorce but also has a convenient way of getting legal advice from our experienced panel of divorce attorneys. Our aim is to make the whole legal process as seamless and quick as possible and limit the emotional stress which is not good for anyone especially the children. You will be in control of the costs and the speed at all times and in this way be able to minimize the legal costs. Anything you are not sure of advice is just the click of a mouse away.
It is of course important that you and your spouse should be able to agree on the major matters but it is our experience that many married people do. So this gives you easy access to the law at affordable rates. The cost of living has sky rocketed. Why put your life on hold because you cant afford the services of an expensive attorney. Divorce Forms provides the answer and is an organization you can trust.
It is very sad when a marriage comes to an end and we are
certainly not encouraging anyone to proceed without trying to resolve
differences which have occurred. We
simply would like to provide a convenient online service which is simple and
less expensive and therefore stressful.
Get the advice when you need it but don’t get bogged down in the divorce
process which is easy once you have the documentation you need.
The DIY route is becoming more and more popular in the US and the United Kingdom and it is our aim to put this service within the reach of everyone in South Africa. Do your own divorce and save money by taking the online Divorce Route.
We are adding to our website almost daily and will be able to offer you a comprehensive service with frequently asked questions and of course all the answers. We also offer advice on the physiological effects, information on counseling, custody, maintenance and domestic violence disputes.
Valuable tips are available and you can gain insight from
others going through the same experience by joining our blog. There are also a large selection of books on
the subject to help you start over and get back into the dating game if you
feel you are ready.
Divorce is a big step and we urge you to give it careful and calm consideration before embarking on this course. Once you have made up your mind we will be here to help you get through the process as smoothly and peacefully as it is possible to do. Visit Divorce forms today. You will be glad you did.
Woman and Divorce
The numbers demonstrate that women
are far more likely to file for divorce than men.
Why should this be? Is it just that men are more complacent.
Without doubt it is the case that in most relationships, it is the women who is the ‘relationship caretaker’. They carefully monitor the relationships and want to make sure that all is right and that there is enough closeness and comradeship. If there is not, it is the woman who will complain and who will do what she can to try to fix things.
If her husband is not receptive, the women will become extremely unhappy and start bad tempered about everything under the sun...things that need to get done around the house, caring for the children, how time is spent and in fact everything the husband does and does not do. She will also become highly critical of her man.
Regrettably, when women complain, men generally move away and the marriage deteriorates even more. Thus the more the woman nags her husband into improving the marriage, the worse it gets.
After years of trying unsuccessfully to improve things, a woman eventually surrenders and convinces her. lf that change isn't possible. She ends up believing there's absolutely nothing she can do because everything she's tried hasn't worked. That's when she begins to carefully map out the logistics of what she considers to be the inevitable, getting a divorce.
While she's planning her escape, she no longer tries to improve her relationship or modify her partner's behaviour in any way. She resigns herself to living in silent desperation until "D Day." Unfortunately, her husband views his wife's silence as an indication that "everything is fine." After all, the "nagging" has ceased. That's why, when she finally breaks the news that she wants a divorce, he will be utterly shell shocked.
Then, even when her husband undergoes real and lasting changes, it's often too late. The same impenetrable wall that for years shielded her from pain now prevents her from truly recognizing his genuine willingness to change. The relationship is in the danger zone.
If you are a woman who fits this description, don't give up. Many men make
amazing changes once they truly understand how unhappy their wives have been.
Sometimes men are slow to catch on, but when they do, their determination to
turn things around can be astounding. Give your husband another chance. Let him
prove to you that things can be different. Keep your family together. Divorce
is not a simple answer. It causes unimaginable pain and suffering. It takes an
enormous amount of energy to face each day. Why not take this energy and learn
some new skills to make your marriage what you've wanted it to be for so long?
If you're a man and your wife has been complaining or nagging, thank her. It means she still cares about you and your marriage. She's working hard to make your love stronger. Spend time with her. Talk to her. Compliment her. Pay attention. Take her seriously. Show her that she's the most important thing in the world to you.
Divorce Lawyers online
It is very important that you get financial advice during the divorce process to ensure that you maximise your assets and to ensure you are able to manage after the divorce.
You may need to get a new mortgage. Lots of lenders will not take maintenance or child support into account and this can cause big problems for both parties as many cases end with one partner remaining on the mortgage of the matrimonial home for years after the asset has been transferred.
Changing an existing settlement
You have settled your divorce or separation and obtained an Order for your financial arrangements. There may still be outstanding issues which will need to be resolved..
Your circumstances may change over time and you may have to revisit any orders that have been issued or agreed, especially if they relate to maintenance.
This applies for both payer and receiver. Most non-clean break orders will have a clause allowing variation of the order within the timeframe set.
Implementing any agreement
In certain cases people decide to ignore or delay any agreements reached and any orders made. You may need to go back to court if the order is not carried out. This is contempt of court and carries serious consequences.
Some of the common applications are:
Making the other side sign Documents
Usually the Court will give the other side time to sign but if they fail to do so the Sheriff of the Court can be ordered by a Judge to sign in their place, such as in the sale of a property.
Sometimes the other side will not pay maintenance and the receiving party will register the application in the Magistrate’s Court. The Magistrate's Court will deal with enforcement by summonsing the defaulter and making an Attachment of Earnings Order against their wages.
This is an order against the other side's property or land after divorce against their debt which allows the property to be sold and the debt cleared if it is not dealt with in an agreed timeframe set by the court.
Of course there will be a continuing need for financial advice after the divorce as circumstances change and it is advisable to have a financial health check on a regular basis regardless of your circumstances.
Find out from our experts and other users in the Community Area.