Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll

Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process.

What is the simplest divorce?

The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born from the marriage. In other words, all the children are adults or there were none. Lastly, neither party claims personal maintenance or alimony from the other spouse. If the above scenario applies, then all that the divorce court would have to do is ascertain whether or not the marriage has irretrievably broken down, and grant a decree of divorce. There is no issue regarding child maintenance, custody issues, or proprietary rights. It’s a simple divorce and easily finalised.

What do couples usually fight over in the divorce process?

As can be seen from the above, if a couple has children, things may turn out to be complicated. The parents may dispute who should have primary care or custody over the minor children. Then there is the issue of child maintenance, and the amount thereof. This latter issue is usually a stumbling block when it comes to the finalisation of a divorce. Some parents are unreasonable in their request, and others again don’t want to pay or contribute what is fair and reasonable.

The matrimonial property regime

If the parties are married in community of property, there should be an equal division of the joint estate. However, parties still find a way to argue on this aspect which makes the divorce a contested one. The same applies should the spouse be married out of community of property with the inclusion of the accrual regime. Most of the time, the divorce gets settled just days before the divorce date, after both parties spent thousands of Rands on legal fees.

The notice of set down in divorce matters

After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party. Basically, the notice of set down advises the court and the other party that the divorce is going to be heard on a certain date. Once the notice of set down is filed, the divorce matter would be placed on the court roll for the divorce to be finalised.

What happens on the unopposed divorce court date?

Once the notice of set down has been filed and the divorce date has arrived, one of the parties, usually the plaintiff would have to appear at court to give evidence. Basically, he or she needs to confirm that the marriage has broken down, the court has jurisdiction and that all aspects have been resolved. This is usually done with a consent paper. If the parties were married out of community of property without the accrual regime and there are no minor children, then there is no need for any other documents to be filed.

What happens after the divorce has been granted?

Once the divorce has been granted, the parties can move on with their lives. They may remarry incur debt in their own name and so on. A few days after the divorce, and depending on the specific court, the parties would be able to collect a document called a final decree of divorce. This document would confirm to the world that they are divorced.

Free Online Divorce Form and Guide

If you want to attend to your own uncontested divorce, we can to help you kick start it 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] 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  

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

Case no.: JOHN WILLIAMS PLAINTIFF (Identity Number: 0000000000000) And JANE WILLIAMS DEFENDANT (Identity Number: 1111111111111  

NOTICE OF SET – DOWN

  KINDLY BE ADVISED that Plaintiff hereby sets the above matter down for hearing for 2015 at 10:00 or so soon thereafter. Kindly enrol the matter accordingly. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2017.   ______________________ 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 _________________o0o_________________    
Posted on by Telelaw

Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll

Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process.

What is the simplest divorce?

The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born from the marriage. In other words, all the children are adults or there were none. Lastly, neither party claims personal maintenance or alimony from the other spouse.

If the above scenario applies, then all that the divorce court would have to do is ascertain whether or not the marriage has irretrievably broken down, and grant a decree of divorce. There is no issue regarding child maintenance, custody issues, or proprietary rights. It’s a simple divorce and easily finalised.

What do couples usually fight over in the divorce process?

As can be seen from the above, if a couple has children, things may turn out to be complicated. The parents may dispute who should have primary care or custody over the minor children. Then there is the issue of child maintenance, and the amount thereof. This latter issue is usually a stumbling block when it comes to the finalisation of a divorce. Some parents are unreasonable in their request, and others again don’t want to pay or contribute what is fair and reasonable.

The matrimonial property regime

If the parties are married in community of property, there should be an equal division of the joint estate. However, parties still find a way to argue on this aspect which makes the divorce a contested one. The same applies should the spouse be married out of community of property with the inclusion of the accrual regime. Most of the time, the divorce gets settled just days before the divorce date, after both parties spent thousands of Rands on legal fees.

The notice of set down in divorce matters

After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party. Basically, the notice of set down advises the court and the other party that the divorce is going to be heard on a certain date. Once the notice of set down is filed, the divorce matter would be placed on the court roll for the divorce to be finalised.

What happens on the unopposed divorce court date?

Once the notice of set down has been filed and the divorce date has arrived, one of the parties, usually the plaintiff would have to appear at court to give evidence. Basically, he or she needs to confirm that the marriage has broken down, the court has jurisdiction and that all aspects have been resolved. This is usually done with a consent paper. If the parties were married out of community of property without the accrual regime and there are no minor children, then there is no need for any other documents to be filed.

What happens after the divorce has been granted?

Once the divorce has been granted, the parties can move on with their lives. They may remarry incur debt in their own name and so on. A few days after the divorce, and depending on the specific court, the parties would be able to collect a document called a final decree of divorce. This document would confirm to the world that they are divorced.

Free Online Divorce Form and Guide

If you want to attend to your own uncontested divorce, we can to help you kick start it 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.

No Fields Found.

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

 

IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)

Case no.:

JOHN WILLIAMS PLAINTIFF
(Identity Number: 0000000000000)

And

JANE WILLIAMS DEFENDANT
(Identity Number: 1111111111111

 

NOTICE OF SET – DOWN

 

KINDLY BE ADVISED that Plaintiff hereby sets the above matter down for hearing for 2015 at 10:00 or so soon thereafter.
Kindly enrol the matter accordingly.
DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2017.

 

______________________
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
_________________o0o_________________

 

 

Related Post

Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter. 

Trust Account Advocate – A relatively new concept

The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions. A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral advocates and Trust Account Advocates.

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states: 34 Forms of legal practice (1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service. (2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-      (i) upon receipt of a brief from an attorney; or     (ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b). (b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-      (i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;     (ii) has notified the Council thereof in terms of section 30 (1) (b) (ii). (c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf is a Trust Account Advocate. He may, therefore, obtain work directly from the public. When clients pay him in advance for legal services, they pay the fees into his Trust Account.

Posted on by Telelaw