Where there are no minor children, we give you 5 sets of documents:
- Combined Summons;
- Particulars of Claim;
- Consent Paper;
- Statistics Form
- Step by step guide to filing
The combined summons is the document that alerts the Defendant that there is a court matter instituted against them, the particulars of claim outline the details of the matter, the consent paper has the agreement reached between the parties. The Statistics Form is to be filled in and handed in together with the court documents. The guide is to help you out. Where there are minor children, an additional two sets of documents are attached:
- Annexure “A” to divorce matters is a document that has the details of the children and their parents.
- Parenting Plan is a document that details how the parties have agreed matters in respect of the minor children.
Upon receipt of the documents, one must print them out, sign the relevant pages, and take them to Court, where a case number will be issued. Thereafter the Sheriff must be given the documents to serve the Defendant. To save on costs, it will be prudent to ask the Sheriff to call the Defendant and arrange a time when the Defendant can go to the Sheriff’s office to be served. After service the return of service should be taken to Court and a date arranged with the Registrar.
When a client fills in the form, our turnaround time is 48 hours maximum, if there are no outstanding issues.
Service by the Sheriff can be expedited by asking the Defendant to come to the Sheriff’s office, rather than leaving the documents and waiting for the Sheriff to go and serve.
When the documents are submitted to the court, the date of finalising the case will depend on the Court and its roll. Some courts are busier than others. Barring any unforeseen issues, the parties will be divorced on the date that the matter will be set down for.
How does online divorce work?