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Posted on 11 February 2025 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. [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 11 February 2025 by Telelaw

Types of domestic violence
It is a sad state of affairs to find that woman and children are the most vulnerable targets when it comes to domestic violence and abuse. How do we put an end to this vicious cycle? There have specific laws that have been implemented for protection against such vile acts. Unfortunately, many victims are too ashamed and fearful of taking the steps to protect themselves against domestic violence and abuse. [caption id="attachment_4416" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: [email protected][/caption] Often, we mistake domestic violence as only physical and this is not the case. Below are some brief examples of the different types of domestic violence and abuse:
Control
Physical
Emotional and Domination
Verbal Abuse
Economic Abuse
Physiological Abuse
Do you think you fall into one of these categories? Then it’s time you approach your family legal expert and find out how you can protect yourself and your children. Call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

What causes domestic violence?

There are many reason why people find themselves in abusive homes and relationships. The need to control the other party is often caused by a low –esteem, inferior complexes, personal beliefs, jealousy and so forth. [caption id="attachment_4418" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] During our years of dealing with domestic violence, we have found each circumstance to be unique within their own and found in some cases that traditional beliefs also factors in. Some people may believe that woman aren’t equal to men coupled with their own stereotypical ideas. For some helpful information on domestic violence, simply click on the links below:

We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today. How does the Domestic Violence Act protect citizens? The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life. The Act highlights that domestic violence is a serious offense and should be taken serious. [caption id="attachment_4419" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Perpetrators can also face imprisonment as the Act recognizes domestic violence is a serious crime. Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed. Connect with us today!

Posted on 11 February 2025 by Telelaw

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