If you and your partner have agreed on the terms of your divorce (meaning its unopposed) the DIY divorce pack will help you complete the necessary divorce forms online and guide you through the divorce process. There is no need for a complex drawn-out and expensive divorce.
My wife (ex) and I recently got divorced, we agreed on everything the dog, house, kids, cars, investments, furniture, YES EVERTHING we realized we didn’t want the same things anymore, and we are still friends. Even though neither of us contested anything the attorneys still slapped us with a bill for over R21,000, I was not impressed, so I went of and investigated how to do it all myself.
If you would like to handle the process and save yourself R1000’s of Rand’s, below is the whole process, which you can also find in Easy Divorce pack, the pack is great, because it explains all the processes in detail and gives you all the legal documents in an easy to follow pack and CD that you will need to do it yourself.
Steps in an unopposed DIY divorce.
If you are doing your divorce yourself, these are the steps that need to be followed.
1. Determine which division of the High Court you must proceed out of.
2. If there are minor children, complete statutory Form A, sign it before a commissioner of oaths whom you will find at any police station and attach it to the combined summons.
3. Complete the divorce statistics form. Available in the pack below.
4. If you and Defendant have reached agreement, complete and sign the Deed of Settlement.
5. Complete the combined summons and particulars of claim. If you and Defendant have reached agreement, use the particulars of claim that incorporate the deed of settlement.
6. Sign the combined summons and particulars of claim where indicated.
7. Affix R80-00 revenue stamps to the face of the combined summons.
8. Make 4 copies of the combined summons and particulars of claim. The original will consist of the summons, particulars of claim and (if there are minor children) the Form A. It will also include a copy of the Deed of Settlement if you and Defendant have reached agreement.
9. Go to your local court to see the Registrar that issues court process. Hand him the divorce statistics and 4 batches of processes. In Johannesburg you will need to attach an extra copy of the front page of the combined summons. He or she will stamp all copies and allocate a case number, retain one copy and hand you the original and two copies. The last copy is for your records.
10. Go to the sheriff that serves process where the Defendant resides and hand him the original and a copy of the combined summons and particulars of claim. He will then serve the process on Defendant and give you an original and copy of the Return of Service that will cost you about R50.
11. If Defendant does not defend the matter you must then do the following:
a. If there are children involved, go to the Family Advocate who will explain what you need to do to get a certificate from him and how to place it in the court file.
b. Count ten court days after service (exclude week-ends and public holidays) and then, with the help of the Registrar, set the matter down on a date that the Registrar will give you. Use the form of set down that is prescribed by your local court. You must prepare an original and one copy. The Registrar will ask you for the original summons and Return of Service and will stamp the Notices of Set Down. He will retain the original and hand you a copy.
12. On the date allocated for the hearing of the matter, get to court at around 9h00. You must take the original Deed of Settlement (if applicable) and your original marriage certificate. If you have lost it, make sure that you go to Home Affairs to obtain a duplicate original as the Court will not hear the matter without it.
13. Check the Court Roll to see in which court your matter will be heard and which number it is on the roll. You will see how other divorce matters are conducted. Don’t be nervous as the judge will assist you!
14. We use Woo Commerce for our online shopping basket CLICK HERE to have your divorce pack shipped today.
15. Alternatively complete the form on our home page and one of our sales consultants will email you.
The content of www.diydivorce.co.za does not constitute legal advice, nor does it necessarily reflect the views of owner or their associates, contributors, authors or suppliers. Even though every endeavor has been made as to the accuracy of the information, we cannot be held responsible for any errors and/or omissions. ALWAYS CONSULT YOUR ATTORNEY!