Do you intend running a business?

Below are frequently asked business questions. Feel free to post your questions below.

How can I run a small business? How do you make a business plan? How much does it cost to start a business? What are the steps to starting a small business? How can I start a small business? How can I get a business license? What is a good business plan? What are the key components of a business plan? How long does it take to get a business license? What is an example of a start up cost? What are the steps to becoming a business owner? How do I go about creating a food business? Do you need a business license for a home business? Do you need a business license to sell crafts? Do you have to have a business license to open a business? Do you need a business license to do freelance work? What is a good plan? Why a business plan is important? What are the three main causes of small business failure? What are the five components of a business plan? Do business licenses expire? What is a business license? How much money does it take to start a small business? Can I deduct expenses for starting a business? How do you become a small business owner? How can I be a successful entrepreneur? How do you get a food license? How much money do you need to open your own restaurant? Do you need a business license to start a home based business? Do you have to have a business license to sell on Etsy? How much money do you have to make to pay taxes on a business? Is a hobby income taxable? How much does it cost to get a business license? How do I get a license for my business? How do I start my own freelance business? How do I apply for a business license? What is a good business plan? How do you develop a strategic plan? Why should you develop a business plan? What are the important parts of a business plan? What are the major causes of business failure? Are small businesses important? What are the seven key elements of a business plan? What are the key components of a business plan? Can you run a business without a license? Do you have to file taxes for a business with no income? Do you need a business license for a home business? Do you need a business license to sell crafts? How much does a small business owner make a year? What is the average cost of starting a small business? Can I write off my business start up costs? What is an example of a start up cost? How can I start a small business? How do you become a small business owner? What are the advantages and disadvantages of being an entrepreneur? How do you become an entrepreneur? How much does it cost to get a food license? How do you get a food license? How much does a restaurant owner make a year? How much does it cost to own a Mcdonald’s? How much does it cost to get a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Do you have to have a business license to sell on Etsy? Is it required to have a business license? Do you have to have a license to sell on Ebay? How much money does a business have to make to pay taxes? How much does a business pay in taxes? How much money do you need to make to pay taxes? Where do you put hobby income? How can I get a business license? Do you need a business license for a home business? How do I start my own freelance business? Do you need a business license to do freelance work? Do you need a business license to sell crafts? How do I apply for a business license? What is a good business plan? What is a good plan? How do you develop a strategic plan? How do you create a strategy? Why should you develop a business plan? Why a business plan is important? What are the seven key elements of a business plan? What are the five components of a business plan? What are the three main causes of small business failure? What are the major causes of business failure? Are small businesses important? Why is it important to do business? What are the seven parts of a business plan? What are the four major components of a business plan? What are the components of a good business plan? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does it cost to start a business? How can I start my own small business? What is the average income of a small business owner? How do you become a small business owner? What are the disadvantages of becoming an entrepreneur? What are the main benefits of entrepreneurship? How can I be a successful entrepreneur? What training is needed to become an entrepreneur? How do you get a food license? How long does it take to get a business license? How much does it cost to get a food license? How much money do you need to open your own restaurant? How much does a restaurant owner make a year? How much money does a small restaurant make? How much does it cost to buy a Starbucks? How much does the average mcdonalds make a day? How can I get a business license? Do you need a business license for a home business? Can you sell products without a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Is drop shipping legal? Do you have to have a business license to sell on Etsy? Is it required to have a business license? What are the seven key elements of a business plan? What are the five components of a business plan? What are the four main sections of a business plan? Why a business plan is important? What are the three main causes of small business failure? What are the components of a good business plan? What are the key elements of a business model? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does a small business owner make a year? What is the average cost of starting a small business? How long does it take to get a business license? How much does it cost to start a business? What are the steps to starting a business? How can I start my own small business? Why do you need to write a business plan? What are the seven parts of a business plan? Can I own a Starbucks? How much does a Starbucks make in a day?

Posted on 11 February 2025 by Telelaw

Do you intend running a business?

Below are frequently asked business questions. Feel free to post your questions below.

How can I run a small business?
How do you make a business plan?
How much does it cost to start a business?
What are the steps to starting a small business?
How can I start a small business?
How can I get a business license?
What is a good business plan?
What are the key components of a business plan?
How long does it take to get a business license?
What is an example of a start up cost?
What are the steps to becoming a business owner?
How do I go about creating a food business?
Do you need a business license for a home business?
Do you need a business license to sell crafts?
Do you have to have a business license to open a business?
Do you need a business license to do freelance work?
What is a good plan?
Why a business plan is important?
What are the three main causes of small business failure?
What are the five components of a business plan?
Do business licenses expire?
What is a business license?
How much money does it take to start a small business?
Can I deduct expenses for starting a business?
How do you become a small business owner?
How can I be a successful entrepreneur?
How do you get a food license?
How much money do you need to open your own restaurant?
Do you need a business license to start a home based business?
Do you have to have a business license to sell on Etsy?
How much money do you have to make to pay taxes on a business?
Is a hobby income taxable?
How much does it cost to get a business license?
How do I get a license for my business?
How do I start my own freelance business?
How do I apply for a business license?
What is a good business plan?
How do you develop a strategic plan?
Why should you develop a business plan?
What are the important parts of a business plan?
What are the major causes of business failure?
Are small businesses important?
What are the seven key elements of a business plan?
What are the key components of a business plan?
Can you run a business without a license?
Do you have to file taxes for a business with no income?
Do you need a business license for a home business?
Do you need a business license to sell crafts?
How much does a small business owner make a year?
What is the average cost of starting a small business?
Can I write off my business start up costs?
What is an example of a start up cost?
How can I start a small business?
How do you become a small business owner?
What are the advantages and disadvantages of being an entrepreneur?
How do you become an entrepreneur?
How much does it cost to get a food license?
How do you get a food license?
How much does a restaurant owner make a year?
How much does it cost to own a Mcdonald’s?
How much does it cost to get a business license?
Do you need a business license to start a home based business?
Do you need a tax ID to dropship?
Do you have to have a business license to sell on Etsy?
Is it required to have a business license?
Do you have to have a license to sell on Ebay?
How much money does a business have to make to pay taxes?
How much does a business pay in taxes?
How much money do you need to make to pay taxes?
Where do you put hobby income?
How can I get a business license?
Do you need a business license for a home business?
How do I start my own freelance business?
Do you need a business license to do freelance work?
Do you need a business license to sell crafts?
How do I apply for a business license?
What is a good business plan?
What is a good plan?
How do you develop a strategic plan?
How do you create a strategy?
Why should you develop a business plan?
Why a business plan is important?
What are the seven key elements of a business plan?
What are the five components of a business plan?
What are the three main causes of small business failure?
What are the major causes of business failure?
Are small businesses important?
Why is it important to do business?
What are the seven parts of a business plan?
What are the four major components of a business plan?
What are the components of a good business plan?
What are the key components of a business model?
What is an example of a start up cost?
How much money does it take to start a small business?
How much does it cost to start a business?
How can I start my own small business?
What is the average income of a small business owner?
How do you become a small business owner?
What are the disadvantages of becoming an entrepreneur?
What are the main benefits of entrepreneurship?
How can I be a successful entrepreneur?
What training is needed to become an entrepreneur?
How do you get a food license?
How long does it take to get a business license?
How much does it cost to get a food license?
How much money do you need to open your own restaurant?
How much does a restaurant owner make a year?
How much money does a small restaurant make?
How much does it cost to buy a Starbucks?
How much does the average mcdonalds make a day?
How can I get a business license?
Do you need a business license for a home business?
Can you sell products without a business license?
Do you need a business license to start a home based business?
Do you need a tax ID to dropship?
Is drop shipping legal?
Do you have to have a business license to sell on Etsy?
Is it required to have a business license?
What are the seven key elements of a business plan?
What are the five components of a business plan?
What are the four main sections of a business plan?
Why a business plan is important?
What are the three main causes of small business failure?
What are the components of a good business plan?
What are the key elements of a business model?
What are the key components of a business model?
What is an example of a start up cost?
How much money does it take to start a small business?
How much does a small business owner make a year?
What is the average cost of starting a small business?
How long does it take to get a business license?
How much does it cost to start a business?
What are the steps to starting a business?
How can I start my own small business?
Why do you need to write a business plan?
What are the seven parts of a business plan?
Can I own a Starbucks?
How much does a Starbucks make in a day?

The parenting plan as an agreement between two parents
If you are looking to have a parenting plan professionally drafted with our legal expert at law offices, then you have come to the correct place. Our Lawyer Pty Ltd is in the heart of the CBD, located in a central setting for your conveniences. Enjoy our free Wi-Fi and expert legal advice from the legal expert on board who will be advising you though the process.

Parenting Plans

As for drafting your parenting plan, we able to tailor your parenting plan according to the unique circumstances in a manner that will benefit both. The aim when drafting a parenting plan is to ensure that the children gets maximum benefit from both parents so that they don’t feel lost in the process of a divorce. Lets face it, divorce is as hard as it is and even more so, when children are involved. The last thing you’d want is have them suffering in the process. For more on child custody, divorce, child maintenance and professional legal drafting, call our law offices on 021 424 3487 for an online appointment today. Get connected with us!

The children’s Act and the parenting plan – how they gel

The Children’s Act reflects the child’s rights and best interest of the child which works in close collaboration parenting plans. Meanwhile, the legal expert carries a wealth of legal expertise which comes in handy when drafting your parenting plan professionally.

Family Law Appointment

Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today! Get your professional legal parenting drafted today.

Family Law Links

Feel free to click on the links below and enjoy free, expert legal advice drafted directly from our legal expert on board:

Make your online appointment with us today!

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high quality legal services to everyone who requires it.

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information.

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Rustenburg Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Rustenburg or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client. This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Rustenburg. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Rustenburg or any other city in South Africa.
What to do before visiting the Rustenburg Children’s Court
Before you approach the Children’s Court in Rustenburg, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Rustenburg has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Rustenburg Children’s Court for assistance. TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Rustenburg Children’s Court
The Rustenburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Rustenburg Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you. Once you arrive at the Rustenburg Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2. In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
PART A: PARTICULARS OF CHILD(REN)
PART B: PARTICULARS OF CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON ACTING IN THE INTEREST OF THE CHILD/ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Rustenburg. TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Rustenburg Children’s Court
Once you complete the Form A and submit it to the Clerk of the Rustenburg Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow. TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Rustenburg Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
Get a social worker involved in the matter;
Appoint a legal representative for the minor child;
Implement interim care and contact arrangements;
Having the parties attempt to agree on a parenting plan;
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests. TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Rustenburg Children’s Court
Once the Rustenburg Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later. TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided. The above Rustenburg Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

I have to appear in the Cape Town Maintenance Court for a maintenance inquiry. How should I prepare for it?

If you need to claim maintenance from another party, you can do so through the maintenance courts. This applies whether you are claiming maintenance for yourself or for your minor children. The procedure is generally the same in both cases. It is important to be well-prepared when going to court, and this article will guide you through the necessary steps.

Approach the Correct Court

Many people assume they can go to any court to claim maintenance, but that is not correct. You need to approach the maintenance court located in the area where you live or work. The maintenance court is typically housed within the magistrates’ court. We recommend checking with your local police station (SAPS) to find out the location of your nearest magistrates’ court.

Download the Maintenance Application Form

The process begins with filing a maintenance application at the court. You can download the maintenance application form (Form A) from the official website (Department of Justice). Make sure you understand the form and complete it as thoroughly as possible. It’s a good idea to draft your responses on a separate page or spreadsheet before filling out the actual form.

Gather Proof of Your Expenses

Courts require proof to support your claims. When completing the maintenance application form, be sure to collect evidence for the expenses you list. For instance, if you state that you spend R500 on groceries per month, keep the corresponding receipts from the grocery store as documentation. This proof is essential for other expenses like rent, education, and clothing. Maintain and update your proof of expenses until your case is finalized.

Conduct Your Own Investigation and Preparation

When applying for maintenance, the other party might claim they cannot afford support or may not be employed. Therefore, it is important to do your own research and prepare in advance. You may look for information online or check social media to gather relevant evidence regarding the other party’s financial situation. Phoning around may also help.

Request the Court to Appoint a Maintenance Investigator

The maintenance court has the option to appoint a maintenance investigator. We recommend utilizing their services, as they can assist in obtaining bank statements, conducting credit checks, and contacting employers for necessary information.

Stay Active in Your Case

Finally, remain engaged in your case. Pay attention to what the other party claims, and continue your research. Familiarize yourself with the relevant laws, read legal articles, and stay informed. Being well-prepared will help you present your case effectively in court and increase your chances of achieving a favorable outcome.

Do you own Divorce (DIY) No lawyers needed!

If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances:

There will be a dispute over care and visitation rights over the child/children
One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property;
The joint estate is huge or complicated; or
The other party will be making use of legal representation.

If, however, you would like to know the general procedures on how to go about a divorce, they are listed summarily below. There are many rules that regulate divorce processes and the summary below does exclude certain of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements, pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to do the divorce yourself.

Summons and Particulars of Claim

A summons needs to be drafted which will be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing divorce, details of the parties, e.g. names, occupation, and address etc. Every High Court in the area where you live has the authority to attend to a divorce. There are however specialized divorce courts that may attend to a divorce as well. You should then draft particulars of claim, outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. These particulars of claim you attach to the summons. Here is an example of a summons and particulars of claim for a divorce for a couple married in community of property with no children getting a divorce in the High Court in Cape Town.

Summons

IN THE HIGH COURT OF South Africa CASE NO.: (Western Cape High Court, Cape Town) In the matter between: John Smith (Plaintiff) And Jane Smith (Defendant) To the Sheriff or his/her Deputy INFORM Jane Smith (hereinafter referred to as the defendant an adult female, self-employed as a singer currently residing at 12 Club Road, Waterfront, Western Cape and whose full and further particulars are unknown, That: John Smith (hereafter referred to as the plaintiff), an adult male self-employed painter residing at Garden Road, Cape Town, Western Cape, Hereby institutes an action against her in which action the Plaintiff claims the relief and on the grounds set out in the particulars annexed hereto marked A. INFORM the Defendant further that if she disputes the claim and wishes to defend the action she shall (a) within 10 (TEN) days after the service upon her of this Summons, file with the Registrar of this Court at Kieron Street, Cape Town a notice of her intention to defend, and serve a copy thereof on the Plaintiff, on which notice shall be given an address (not being a post office or poste restante) referred to in Rule 19(3) for the service upon the Defendant of all notices and documents in the action; and (b) thereafter, and within 21 (TWENTY-ONE) court days after the filing and serving such notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff a Plea, Exception, Notice to strike out, with or without a counterclaim. INFORM the Defendant further that if she fails to file and serve notice as aforesaid, judgment as claimed may be given against her without further notice to her, or if having filed and served such notice, she fails to plead, except, make application to strike out or counterclaim, judgment may be given against her. INFORM the Defendant also that if she does not intend to defend the action, she will inform the Registrar in writing to enable the Registrar to, on request in writing from Plaintiff, immediately set the matter down for hearing. AND IMMEDIATELY THEREAFTER serve on the Defendant a copy of this Summons and return same with whatsoever you have done thereupon. DATED AT CAPE TOWN ON THIS ____ THE DAY OF _________2018. ……………………………………………………………… REGISTRAR OF THE HIGH COURT ……………………………………………………………… Plaintiff in Person __________________________

Particulars of Claim “A”

(A) Parties Plaintiff is John Smith, an adult male Bus Driver, residing at no. 5 Truck Apartments, Cape Town, Western Cape. The defendant is Jane Smith (born Smit) an adult female, employed as a hairdresser, residing at Hectic House, 2 Main Road, Strand, Western Cape.

(B) Marriage

Plaintiff and Defendant (hereafter referred to together as “the Parties”) married each other on 10 August 2003 at Pretoria, in community of property and the marriage still subsists. Kindly find attached hereto a copy of the marriage certificate marked “MC”. The Parties are domiciled within the area of jurisdiction of this honourable court. There are no children born out of the marriage.

(C) Irretrievable breakdown

The marriage between the Parties has irretrievably broken down and there are no reasonable prospects of the restoration of a normal marital relationship between them in that: Defendant left the common home approximately 2 years ago; There is no love and affection, understanding and communication between the parties; The Parties are incompatible and continue arguing; and Plaintiff has a gambling problem.

(D) Prayer

WHEREFORE Plaintiff prays for Judgement against Defendant in the following terms: A decree of divorce; Each party retain the property in his or her possession as his or her sole property; Cost if this action is opposed; and Further and/ or alternative relief. DATED AT CAPE TOWN ON THIS THE ______ DAY OF______ 2018. _____________________________ Per: John Smith (Plaintiff in Person) Service Address Once you have your summons and particulars of claim in order, make three (3) copies of your set of documents and have it issued at court.

Issuing & Service of Summons

Once you are at the court, go to the clerk of the court and have your documents issued. The clerk will sign the summons and provide a case number and write it on the summons. You should then take the original and a copy (both must be signed and stamped by the clerk of the court) and take it to the sheriff which serves documents where your spouse works of lives. You can ask the clerk of the court for that details. The extra—copy of the summons & particulars of claim you keep for your file and records.

Notice of intention to defend

Once the sheriff has served the documents, your spouse has a defined period to inform your whether he or she will be defending the divorce. This information is outlined in the summons as shown above.

Plea to particulars of claim

Once you received notice of your spouse’s intention to defend the divorce, about a months later, your spouse or their attorney will serve and file a plea. The plea will outline which parts of your particulars of claim your spouse agrees (or disagree) with which would give a direction of what to prove in court.

Counter Claim

Your spouse might want to file a counterclaim. In the same way, which you outlined your case as to what you want from the court and the reasons therefore in your particulars of claim, your spouse can file on your as well a counterclaim. A counterclaim might still be filed if your spouse agrees to a divorce, by maybe wants care of the children, but in your particulars of claim, you asked for care. You should then within 10 (ten) days plead to the counterclaim the same manner in which your spouse pleaded to your particulars of claim.

Obtaining a Trial date

Once you received the plea, without a counterclaim, or have pleaded to your spouse’s counterclaim, you should then approach the clerk of the court for a trial date. This you or your spouse may do.

Discovery

While you waiting for a trial date, and way before the trial, you may ask or may be asked to provide, under oath, a schedule of books and documents in your possession and under your control relating to the divorce. This could be policy documents, deeds etc, and which you or your spouse might want to make use of at trial. Once you received this schedule you may inspect and request copies of the documents.

Divorce day / Trial

If your spouse does not defend the divorce within the time period, go back to court and ask for an unopposed divorce date and attend to your divorce on that date. If, however, your divorce is defended, a trial will ensure. During the trial, each party will prove his or her case. Witnesses will be called and at the end, the Magistrate or Judge will deliver the verdict. Best of luck, and please, don’t take my word, contact a legal practitioner should you decide to get divorced.

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