DIVORCING YOUR SPOUSE LIVING ABROAD

The person instituting the divorce proceedings is called the Plaintiff, and the person against whom the divorce is instituted is called the Defendant.

It is important that the Plaintiff is domiciled in the Court’s jurisdiction on the date that the divorce proceedings commence or that the Plaintiff is ordinarily resident in the area for not less than one year immediately prior to the date of instituting the divorce.

If your spouse resides in a foreign country, the Court will first have to be approached by launching an application for edictal citation. The Court must be satisfied that there is no other way to serve the divorce summons and that service of the summons will be done properly by an official of the court in the foreign country at the Defendant’s home or work address and personally on the Defendant.

After the summons has been served in the foreign country, the Defendant will have one month to defend the action.

If the Defendant ignores the divorce summons, defends it, or if a settlement has been reached, the divorce may be set down for hearing on a date arranged with the registrar of the Court.

Nthabiseng Sefudi

Attorney

Rosa van Niekerk Attorneys

Tel: 010 110 9500

 Email: litigation2@rvnattorneys.com