Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible?

When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually go online to find answers. This information they seek could include, how divorces works, the process and how long it takes. Of course, if there are minor children involved, parents would want to know what the parental rights and responsibilities are as well. This relates to issues of care, contact, child maintenance etc. Then there is the issue of proprietary rights. In other words who gets what assets or money if there is a joint estate. This article, however, deals with the issue regarding whether or not a couple’s divorce can be done online?

Two main aspects of a divorce process

Broadly speaking the divorce process can be divided into two processes. The first aspect relates to that of instituting the divorce proceedings and getting the matter to court. The second aspect relates to the actual divorce proceedings in court. As can be seen, further below, the divorce process is analogue. The only part of it that can be done online is getting the documentation in order, so that your lawyer may prepare the Summons, Particulars of Claim and so on. However, processing a divorce would entail physically issuing documents at court, serving the summons on the other spouse via the sheriff and attending to court on the date of the divorce. Once the documents have been issued and served, some legal processes thereafter can take place via email. However, physical copies of those documents still need to be filed at court. Therefore, a lot of walking still needs to take place.

The online aspect of the divorce

If you are making use of the services of a legal practitioner to attend to your divorce, you can provide him or her with instructions online. These instructions relate to the names and details of the spouses, the matrimonial property regime, reasons for the breakdown, details of the minor children if any and the assets of the parties if applicable and so on. The legal practitioner (advocate or attorney) would then draft the necessary documentation. He or she would then have to physically issue it at court.  Therefore, the only aspect of the divorce that can be done online as stated earlier is instructing your legal practitioner with the relevant information. [caption id="attachment_9218" align="alignleft" width="441"] Online Divorce – South Africa[/caption]

Things that must be done physically in a divorce process

Once you provided your legal practitioner with the relevant information either in person or online, the following needs to take place. Firstly, the legal practitioner after drafting the documentation would have to have them issued at court, obtain a case number, and then have it served on your spouse by the sheriff of the court. This would have to be done physically. It cannot be done online or via email unless the court authorises it via edictal citation or substituted service.

Physically attending to court to give evidence

We will presume for this example that your spouse will not oppose the divorce. If that is the case then your legal practitioner would physically have to draft and serve a notice of set down on the relevant court. After your legal practitioner ensured that the court file is in order, then either you or your spouse would physically have to appear before the judge or magistrates to provide evidence as to the details of the marriage and the reasons for the breakdown. If the court is so satisfied, that the marriage has broken down irretrievably, and the minor children’s best interest are looked after, a decree of divorce would be granted.

Is there such a thing as an online divorce in South Africa?

Considering the above, there is no such thing as an online divorce in South Africa. The only aspect that can be done online is providing your legal practitioner with the necessary details of your marriage, the children, property, and so on. Your legal practitioner would then use that information to prepare the necessary documentation. These documents would have to be issued at court and served on the other spouse. On the divorce day, one of the parties will still have to appear in court to give evidence. As can be seen above, the concept of an online divorce could be confusing. However, if you’re making use of illegal practitioners, who is tech-savvy, the only time you physically need to be available would be on the date of the divorce at court. All other times you can provide the legal practitioners with instructions telephonically, via email, video and so on.            
Posted on by Telelaw

Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible?

When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually go online to find answers. This information they seek could include, how divorces works, the process and how long it takes. Of course, if there are minor children involved, parents would want to know what the parental rights and responsibilities are as well. This relates to issues of care, contact, child maintenance etc. Then there is the issue of proprietary rights. In other words who gets what assets or money if there is a joint estate. This article, however, deals with the issue regarding whether or not a couple’s divorce can be done online?

Two main aspects of a divorce process

Broadly speaking the divorce process can be divided into two processes. The first aspect relates to that of instituting the divorce proceedings and getting the matter to court. The second aspect relates to the actual divorce proceedings in court. As can be seen, further below, the divorce process is analogue. The only part of it that can be done online is getting the documentation in order, so that your lawyer may prepare the Summons, Particulars of Claim and so on. However, processing a divorce would entail physically issuing documents at court, serving the summons on the other spouse via the sheriff and attending to court on the date of the divorce. Once the documents have been issued and served, some legal processes thereafter can take place via email. However, physical copies of those documents still need to be filed at court. Therefore, a lot of walking still needs to take place.

The online aspect of the divorce

If you are making use of the services of a legal practitioner to attend to your divorce, you can provide him or her with instructions online. These instructions relate to the names and details of the spouses, the matrimonial property regime, reasons for the breakdown, details of the minor children if any and the assets of the parties if applicable and so on. The legal practitioner (advocate or attorney) would then draft the necessary documentation. He or she would then have to physically issue it at court.  Therefore, the only aspect of the divorce that can be done online as stated earlier is instructing your legal practitioner with the relevant information.

Online Divorce – South Africa

Things that must be done physically in a divorce process

Once you provided your legal practitioner with the relevant information either in person or online, the following needs to take place. Firstly, the legal practitioner after drafting the documentation would have to have them issued at court, obtain a case number, and then have it served on your spouse by the sheriff of the court. This would have to be done physically. It cannot be done online or via email unless the court authorises it via edictal citation or substituted service.

Physically attending to court to give evidence

We will presume for this example that your spouse will not oppose the divorce. If that is the case then your legal practitioner would physically have to draft and serve a notice of set down on the relevant court. After your legal practitioner ensured that the court file is in order, then either you or your spouse would physically have to appear before the judge or magistrates to provide evidence as to the details of the marriage and the reasons for the breakdown. If the court is so satisfied, that the marriage has broken down irretrievably, and the minor children’s best interest are looked after, a decree of divorce would be granted.

Is there such a thing as an online divorce in South Africa?

Considering the above, there is no such thing as an online divorce in South Africa. The only aspect that can be done online is providing your legal practitioner with the necessary details of your marriage, the children, property, and so on. Your legal practitioner would then use that information to prepare the necessary documentation. These documents would have to be issued at court and served on the other spouse. On the divorce day, one of the parties will still have to appear in court to give evidence. As can be seen above, the concept of an online divorce could be confusing. However, if you’re making use of illegal practitioners, who is tech-savvy, the only time you physically need to be available would be on the date of the divorce at court. All other times you can provide the legal practitioners with instructions telephonically, via email, video and so on.

 

 

 

 

 

 

Related Post

20 Relocation with my minor child to Japan, Tokyo (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Tokyo, Japan If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Germiston or Pinetown, South Africa, and you want to relocate to Tokyo, Japan, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Tokyo, Japan? The same applies when it comes to your minor child applying for a South African passport to relocate to Japan, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Tokyo, Japan with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Tokyo, Japan. What can I do if the other parent does not want to consent to the minor child’s relocation to Tokyo, Japan? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Tokyo, Japan, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Tokyo, Japan. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Tokyo, Japan, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Tokyo, Japan? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Tokyo, Japan – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Tokyo, Japan, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Tokyo, Japan If you require legal assistance or representation with relocating to Tokyo, Japan due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Wynberg, Cape Town

Do you live in Wynberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Wynberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Wynberg or anywhere else in South Africa. The issues we shall deal with are the following.
  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Wynberg?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on by Telelaw

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