Our Lawyer (Pty) Ltd – Legal Services South Africa – Cape Town

Legal Services and advice does not need to be hard to find. Contact us today to assist you with your legal matters. [caption id="attachment_8324" align="alignleft" width="640"] Advice Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8323" align="alignleft" width="640"] Abduroaf Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8322" align="alignleft" width="640"] Legal System Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8321" align="alignleft" width="640"] Law Books Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8320" align="alignleft" width="640"] Law South Africa Legal Services and Advice Cape Town World[/caption] [caption id="attachment_8319" align="alignleft" width="640"] Justice Advocate Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8318" align="alignleft" width="494"] Fairness Legal Services and Advice Cape Town South Africa[/caption]
Posted on by Telelaw

Our Lawyer (Pty) Ltd – Legal Services South Africa – Cape Town

Legal Services and advice does not need to be hard to find. Contact us today to assist you with your legal matters.

Advice Legal Services and Advice Cape Town South Africa
Abduroaf Legal Services and Advice Cape Town South Africa
Legal System Legal Services and Advice Cape Town South Africa
Law Books Legal Services and Advice Cape Town South Africa
Law South Africa Legal Services and Advice Cape Town World
Justice Advocate Legal Services and Advice Cape Town South Africa
Fairness Legal Services and Advice Cape Town South Africa

Related Post

Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town

In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, then spouses are immediately allowed to remarry and move on with their lives.  This is what is hoped and expected. There are however factors that may keep spouses connected post-divorce. This could vary from couple to couple.

Connecting former spouses post-divorce

If there are minor children born from the marriage, then the parties may have to deal with each other in relation to child maintenance, and visitation after the divorce. If it is ordered or agreed upon prior to the divorce, that one spouse should pay personal maintenance to the other spouse, or alimony, then on that basis the parties may have to continue dealing with each other after the divorce.

The divorce process in South Africa

Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can divorced couples. And not every court is authorised to do so. For examples, the criminal courts or tax courts will not be able to divorce a couple. The High Courts and the family courts would be able to divorce a couple. The entire legal process starts with the issuing of a summons out of the relevant court.

Issuing of a Summons from the divorce court

A summons is a legal document that needs to be drafted. The summons will be issued out of the court that has jurisdiction to attend to the divorce. Usually, it would be the court that deals with divorces where one of the parties resides in.   The registrar of the court would sign and stamp the summons and provide a case number. Basically, a court file is opened.

Particulars of claim

Attached to the summons would be a Particulates of Claim. This document basically outlines certain relevant information to the divorce court. For example, when the parties were married and details of minor children if any and the reasons for the breakdown of the marriage. The other party and the court would, therefore, know what issues they are going to deal with. Below you will find an example of a Particulars of Claim. You will also find an online form which you can complete to assist you in starting that divorce process.

Example of information in a Particulars of Claim

1. The Plaintiff and the Defendant are as described on the face on the summons. 2. The Defendant and/or Plaintiff are domiciled within the area of jurisdiction of this Honourable Court. 3. On 01 January 2000, at Cape Town, Western Cape, the parties were married In Community of Property, and the marriage still so subsists. Kindly find attached a copy of the marriage certificate marked “A”. 4. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that: 4.1 There is no love and affection and meaningful communication between the parties; and 4.2 The Parties do not wish to live as husband and wife.

WHEREFORE PLAINTIFF PRAYS FOR:

A. A Decree of Divorce; B. Equal division of the Joint Estate; C. Costs, only in the event this action is defended; and D. Further and / or alternative relief. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2020.   ______________________ Per: JOHN WILLIAMS (Plaintiff in Person) 4 Green Street, Greenland, WESTERN CAPE TO: THE REGISTRAR HIGH COURT CAPE TOWN AND TO: JANE WILLIAMS 1 Apple Street, Apple Town, WESTERN CAPE

Complete the free online divorce form below to assist you with your unopposed divorce.

If you want to attend to your own uncontested divorce, we can to help you at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35]    

Posted on by Telelaw

Litigating Virtually During the National Lockdown – How Advocates, attorneys and presiding officers are doing their work

The face of litigation drastically changed during the National Lockdown. In order to limit the spread of Covid-19, the legal profession and judiciary had to implement new processes. Of these, are virtual legal proceedings making use of video conferencing. The picture in this post depicts an actual hearing of an Urgent Application at the Western Cape High Court yesterday. The Presiding Judge was in his chambers in the High Court, and both parties’ advocates were litigating from their chambers. After the ruling was made, the Urgent Order was emailed to the Judge’s registrar. This shows how the wheels of justice can still move, making use of technology. The pictures on the screen are that of the Presiding Judge and opposing counsel. The photos were taken in Advocate Muhammad Abduroaf’s chambers in Cape Town during the virtual court hearing. Next to Advocate Abduroaf, is his instructing attorney, Ms Nicole Lawrence. You would note that Adv Abduroaf is not wearing a robe. That requirement is only applicable in open court. Certain courts are still hearing matters in open court. However, Covid-19 regulations are in place. This included wearing face masks, sanitisation of hands, and body temperature checking. [caption id="attachment_9167" align="alignleft" width="627"]Litigating Virtually During the National Lockdown – How Advocate, attorney and presiding officers are starting to work Litigating Virtually During the National Lockdown – How Advocate, attorney and presiding officers are starting to work[/caption]

Posted on by Telelaw