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

Relocation with my minor child to Austria, Vienna (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 Vienna, Austria

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 George or Umlazi, South Africa, and you want to relocate to Vienna, Austria, 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 Vienna, Austria?

The same applies when it comes to your minor child applying for a South African passport to relocate to Austria, 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 Vienna, Austria with my minor child? There is 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 Vienna, Austria.

What can I do if the other parent does not want to consent to the minor child’s relocation to Vienna, Austria?

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 Vienna, Austria, 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 Vienna, Austria. 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 Vienna, Austria, 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 Vienna, Austria?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Vienna, Austria – 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 Vienna, Austria, 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 Vienna, Austria

If you require legal assistance or representation with relocating to Vienna, Austria 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.

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What all South African expatriates (expats) should know when it comes to family law matters connected to their homeland – Divorce – Custody – Maintenance

In most countries around the world, you would find South African expatriates. They are either living in another country due to work, or other family responsibilities. Whatever the reason being for living abroad, they still consider themselves South Africans, and South Africa is their home. When someone leaves South Africa to work in another country, he or she may still have a very strong connection with South Africa from a family legal point of view. He or she may have children or a spouse still living in South Africa.  Due to the connection to South Africa, various legal issues may arise. One of those issues could possibly be wanting to divorce the spouse living in South Africa or to have more visitation or access rights to the child living in South Africa. Then there is the possibility of wishing to claim maintenance from a spouse living in South Africa while the child is living abroad with the expatriate parent.

The scope of this article in relation to South African expatriates

This article will deal with three important legal aspects, the first is that of a divorce, the second is that of child custody or guardianship disputes, and the third is that of claiming maintenance from a parent in South Africa.

Knowing your rights and the law when it comes to marriage, children and divorce

Not all expatriates of South Africa know their rights in relation to family law relevant to South Africa. He or she may not know how to divorce a spouse living in South Africa or how to claim maintenance from a parent who still lives in South Africa.  The South African expatriate may then decide not to do anything and wait until he or she returns to South Africa. This may be fine if it only relates to the issue of a divorce. But it may be problematic should it relate to issues regarding child contact and child maintenance.

Family legal issues for South African expatriates

If the spouse who expatriates to a distant country wishes to marry someone else there while still being married to somebody in South Africa, such a second marriage cannot take place. The obvious reason for that is that he or she is still married to somebody in South Africa. Therefore, he or she needs to look into the possibility of getting divorced from the spouse living in South Africa while he or she is still an expatriate in a different country.

Divorcing someone living in South Africa while you are living abroad

For a South African Court to divorce a couple, it has to have jurisdiction over the matter or one of the spouses. Not to complicate matters, basically one of the spouses has to be living in its area of jurisdiction for the divorce court to divorce a couple.  Therefore, notwithstanding a spouse living abroad, he or she may still Institute divorce proceedings if the other spouse lives in South Africa. The opposite also applies. For example, if a spouse lives in South Africa and wishes to divorce his or her spouse who lives abroad, the divorce court in South Africa can still divorce the couple.

Uncontested divorces are best when it comes to expatriates

It would be advisable that the parties agree on getting divorced before instituting divorce proceedings. The reason for saying so is that if the divorce becomes contested and both parties are living in different countries, things can become messy for both, and very expensive for the expatriate. However, if the parties cannot come to an agreement regarding the divorce, one of them have to institute divorce proceedings. As stated, such proceedings may be instituted in South Africa notwithstanding the other spouse living abroad.

The edictal citation for international divorces

If a spouse who lives in South Africa wishes to Institute divorce proceedings against a spouse living abroad, he or she will have to approach the divorce court first for consent to serve the documentation on the other spouse through a process called edictal citation. In other words, the court documents would have to be served in a manner other than the usual manner of serving legal documents. That is through the South African Sheriff. For expatriates, the court may order that the document may be served via email or through an attorney or sheriff in the foreign country.  Now we can move on to the issue of child custody and guardianship disputes.

Child custody and guardianship disputes where expatriates are involved

Child custody and guardianship disputes where one of the parents are expatriates of South Africa often occurs when one of the parents would leave South Africa for work.  Should there be a parent who wishes to leave on his or her own to work overseas; no consent would be required from the other parent to do so.

Consent for relocation of minor children

However, should a parent wish to relocate to another country or visit another country and take the minor child with temporarily for a year or two while he or she is working there, then under those circumstances, the consent of the other parent is required. This would be the case if both parents are holders of parental rights and responsibilities of guardianship over the minor child. In such a case both parents have to consent for the removal of the minor child from the Republic of South Africa. The same applies to an application for a passport for the minor child. If the father does not have guardianship rights, then his consent would not be required.

Consent for passport Applications for minor children

Although a minor child has a right to a passport as entrenched in our Constitution, if an application is made for the minor child’s passport, both parents who have parental rights and responsibilities of guardianship over the minor child has to consent to such an application. If a parent is an expatriate in another country and he or she now wishes to have the minor child travel with him or her to his or her country of work, and the other parent does not wish to give consent for such travel,  then an application would have to be made to the court for the necessary consent. Such an application can still be made while the one parent is living abroad and the minor child is living in South Africa. Communications between the parent living abroad and the lawyers assisting that parent in South Africa can be done via email telephone or video conferencing. At the end of the day, the court will decide whether or not to send the minor child to the country where the expatriate resides based on whether or not it is in the minor child’s best interest.

Child maintenance claims by expatriates

It often happens that only one parent moves abroad with the minor child and the other parent remains in South Africa. With the current cost of living, a parent may find it hard to survive abroad without financial support from the other parent. If the parent living in South Africa does not want to contribute a reasonable sum of child maintenance, then the expatriated parent may approach the relevant authorities in the country to start the legal process of claiming maintenance from the parent in South Africa.

Reciprocal enforcement agreements between countries (the REMO Act)

South Africa is a signatory to international agreements with various other countries. In terms of these agreements, countries would work together in enforcing maintenance orders in foreign countries. The relevant legislation in South Africa is the Reciprocal Enforcement of Maintenance Orders Act (the REMO Act).  This act is applied in South Africa should an expatriate wish to claim maintenance from a parent living in South Africa. The opposite also applies. Should a parent living in South Africa wish to claim maintenance from a parent living abroad in one of the signatory countries, he or she would make use of the REMO Act. A list of the proclaimed countries or territories are as follows:
  • Australia
Capital Territory – New South Wales – Northern Territory – State of Queensland South Australia – Tasmania – State of Victoria – Western Australia
  • Botswana
  • Canada
Alberta – British Columbia – Province of Manitoba – North West Territories – Province of Ontario
  • Cocoa (Keeling) Islands
  • Cyprus
  • Fiji
  • Germany
  • Guernsey (Bailiwick of)
  • Hong Kong
  • Isle of Jersey
  • Isle of Man
  • Kenya
  • Lesotho
  • Malawi
  • Mauritius
  • Namibia
  • New Zealand
  • Nigeria
  • Norfolk Island
  • Sarawak
  • Singapore
  • St Helena
  • Swaziland
  • United Kingdom
England – Northern Ireland – Scotland – Wales
  • United States of America
California – Florida
  • Zambia
  • Zimbabwe
https://www.justice.gov.za/ilr/intmnt.html Are you an expatriate of South Africa and require advice or assistance on any of the issues mentioned above? Get in contact with us. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws    

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Looking for Family Legal Services in Brackenfell– Child Maintenance, Child Custody, Visitation Rights and Divorce

Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Brackenfell area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Brackenfell

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Brackenfell– Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to: And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a p
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
  12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Brackenfell

Are you residing in Brackenfell and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Brackenfell area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:
  1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
  2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
  3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
  4. We urge potential clients to read their email well as well as the terms and conditions within the email.
  5. Only once payment has been made, will the face to face legal consultation be confirmed.
  6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Brackenfell

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:
  1. Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Posted on by Telelaw

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