When you and your spouse are able to agree on the manner in which your marriage will be dissolved.
A marriage can be dissolved if one of the parties believes that there has been an ‘irretrievable breakdown of the marriage relationship’ and that there are no reasonable prospects of restoring the marriage.
The spouse who begins the divorce proceedings is referred to as the Plaintiff and the other spouse the Defendant.
An attorney with family law experience can assist with drafting a settlement agreement that will be signed by the Plaintiff and Defendant.
The sheriff must serve the divorce summons and settlement agreement issued by the Court personally on the Defendant and issue a return of service proving that the documents were served.
The Court rules require that ten days must lapse after service before the Plaintiff may enroll the divorce on the Court roll.
Where there are children involved, the parenting plan signed by the Plaintiff and Defendant must be endorsed by the office of the Family Advocate prior to the divorce being heard in Court.
The Plaintiff will appear before the Court to have the divorce granted, settlement agreement, and parenting plan, if applicable made an order of Court.
A court will grant a divorce by default if a summons has been served on the Defendant and he or she does not respond within the allocated time period, the Plaintiff can approach the Court to have the matter set down for trial on the unopposed Court roll.
Rosa van Niekerk Attorneys
Tel: 010 110 9500