Common use of Remember Clause in Contracts

Remember. If there are issues with how the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree to the divorce and there must be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter.

Remember. If there you don’t keep up rent payments then you may lose your home. We will also not sell to you if you are issues with how in rent arrears. Who will carry out repairs to my property? As a tenant you’re expected to look after your home, but you can report repairs to us as your landlord online or over the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) phone. Different repairs will be required dealt with in different timescales depending on seriousness and urgency. Details of our repair timescales are detailed on our website. Any damage caused to the property or any shared areas, by either your household or your visitors, will be recharged at the time or be taken from your deposit in accordance with the Deposit Protection Scheme conditions. This will also be the case if you purchase. Remember this is just a guide, your tenancy agreement will explain yours and our responsibilities in more detail. What are defects? There is a defects period within the first 12 months after the property was built, during this time we will seek to arrange for the builder to attend to any problems relating to the construction or builder’s work. At the end of the 12 month defect period, we will visit your property to ensure that all defective items have been rectified and confirm you are happy for us to sign off the property. Our Rent to Buy homes will also benefit from a new home warranty that covers any major problems. The warranty will normally last a minimum of ten years after the property was built. Can I carry out any improvements or alterations to my property? Your tenancy agreement will stipulate that you must not carry out any improvements or alterations to your home without our prior written consent, this includes internally or externally. Can I have pets? Your tenancy agreement will stipulate that you need written consent from us to keep a pet. If we allow you to keep a pet then you must ensure that it does not cause nuisance to your neighbours. Can I sublet my property? Rent to Buy properties cannot be sublet and are for the named tenant(s) and any permitted occupants only, this is a condition of your tenancy agreement. If you know you have to be made away from your property for an extended period of time, please contact the Leasehold & Sales Team to rectify suchdiscuss your circumstances. Avoid this When can I buy? We can’t sell the property in the first five-years since it was built. This is a condition of the funding we’ve received from the government. 5-years after the property was built, the Rent to Buy tenant can approach us about purchasing or if we decide to sell, the Rent to Buy tenant will be given the first option to buy. What happens if after five-years of renting, I still can’t buy? If you still can’t buy after renting for a long time and it is five years after the property was built, we’ll explore different options for you. If you’ve paid your rent and conducted your tenancy in the right way, it is possible we’ll continue to let the property to you on the same arrangement as before. Can I buy through shared ownership? In some circumstances we may be able to offer shared ownership, including before the property is 5-years old. We have no obligation to offer shared ownership and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as can’t guarantee that this will be more expensive as you may require an advocate and may take longer option available on all Rent to Buy homes. Shared ownership will only ever be heard) and do your divorce made available to people who satisfy the eligibility criteria for just shared ownership. If we are able to offer shared ownership then the costs price will be based on the market value of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree property applied to the divorce and there must be no dissent around the divorcepercentage share being purchased. Ending my tenancy When giving notice to end your tenancy we would normally ask for one calendar months’ notice, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to outlined in your tenancy agreement. We will refund your deposit once a tenancy inspection has taken place and we are satisfied with the condition of the property after you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matterhave vacated.

Remember. we're all about looking for opportunities to maximize your custodial time whenever possible. I was once an NCP and had written into my custody order the following clauses within the base custody schedule: In accordance with the school calendar, if there exists any day(s) off for the children that extend any weekend (either the beginning of the weekend or after the weekend), Father is to provide a minimum one week's notice of his intention to have the children for that extended time. If there are issues with how during any future school year, Spring Break doesn't "surround" the pension interest clause Easter Holiday (for example, it is drafted and such the week preceding Easter or is unenforceable against fundsthe week after Easter), then a court application (which is costly) Father will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs permitted custody of the sheriff and the settlement agreement purchased herechildren with a minimum of one week's notice. We reiterate that Very, very important. If you look at your child's school calendar for this is solely for UNCONTESTED DIVORCES. Typicallyyear or past years, you will be assisted surprised at just how many extra days you will be able to pick up and be able to spend with them. We were able to make this work despite the following distance between homes being 4-hours at that time. *ALWAYS remember to include the Divorce Courts: Divorce statistics Form specifics! When, where, who! Get more help at XxXxxxxxxXxxxx.xxx by becoming a member today. Child Care One might not believe that provisions for childcare is an area that can be exploited. Oftentimes, we take for granted that the kids will be enrolled in a daycare center and it's just part of the everyday... whether you're divorced or not. Not so. Nearly every consideration made when creating a custody order/ agreement is ripe for exploitation by a greedy, high-conflict ex- spouse. How so? Well, most child support orders include within them calculations for the costs of appropriate childcare. This is normal and it is reasonable. The typical child support order will allocate the costs in proportion to each parent's income and the portion for which the payor of child support is responsible will become part of the monthly child support obligation. Childcare is expensive! Our own personal experience saw this issue exploited for financial gain several times by "Xxxx." Absent a provision that specified the requirements for childcare, "Xxxx" would enroll the children in childcare and the costs would be allocated to each parent accordingly and become part of the child support order. However, subsequent to the child support order being entered, "Xxxx" would remove the children from the agreed-upon childcare facility and have a friend, a family member, or other person babysit the children and claim to be paying as required by much as we were paying for the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and researchdaycare center. Of course, this should would prove to be false and she was pocketing the money, but without specifics within the custody order/agreement, aside from arguing about it, there was nothing I could do, except go back to court (which eventually happened). How does the high conflict ex stand to gain financially by doing so? Let's offer you an example (using round figures for the sake of easy math): Xxxxxxx and Xxxx earn income. Of the total income, Xxxxxxx makes 65% of the total. The monthly daycare costs for the children = $2,000/month. Xxxxxxx's responsibility is 65% of that figure - a total of $1,300/month. Therefore, that figure becomes part of the child support number. After the order is in place and you leave the courtroom, Xxxx removes the children from the agreed-upon daycare and has her neighbor watching the children for $500/month. At 65%, Xxxxxxx's responsibility for such a figure would only be $325/month The net-income gain for Xxxx is the $1300/month that the order has allocated for Xxxxxxx's portion of the daycare center costs less what she would pay for the neighbor: $325/month. Xxxx pockets the difference: $975/month. Now, realistically, everyone knows that, despite Xxxx's claims to the contrary, she's not likely paying the neighbor $2,000/month to watch the children. Xxxxxxx, however, has no recourse as the custody agreement is not specific enough about the requirements for childcare for him to do anything about it. He has to go back to court again and probably subpoena the neighbor. Even then, there may not be a daunting exercisepaper-trail that demonstrates payments to the neighbor to substantiate Xxxx's claims. In fact it can be cost-efficient and expeditiousBeyond that, you simply have to pray that the neighbor will tell the truth under oath. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontestedNot likely. This means is why it is absolutely imperative that the divorcing parties must basically agree to the divorce and there must you be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained quite specific in the High Court. Recent changes custody agreement with regards to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply what will define "appropriate childcare." If not at the outset of your custody battle, at the next available opportunity for revision - even if it means filing for a divorce in a High Court if need be, however it should be quicker, faster modification to both the custody agreement and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this support agreement to guide you accomplish this. After I experienced just such a situation in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS)2 consecutive years, spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is my custody order was revised to happen in the event of the death of the primary care-taker, religious faith that children are contain language similar to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter.this:

Remember. If there are issues with how the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree to the divorce and there must be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter. He/she will advise what the process is regarding them endorsing the Settlement Agreement. For a list of Family Advocates in South Africa, please click here. There is no cost for attending at the Family Advocate. Find out from the Regional Court handling your matter how long after the Family Advocate has endorsed the Settlement Agreement, must you go back to get a date for the divorce hearing. The Court will advise what you need to bring on the day of the hearing (original settlement agreement, original marriage certificate (get an original from Home Affairs if need be), ante-nuptial contract (if applicable). Dress smartly when you attend at Court. Do not be nervous. As the matter is uncontested, the defendant need not attend. (However, if possible, we recommend that the defendant does attend.) Enquire from the Court as to when you may pick up your divorce order. After the divorce has been granted, you must submit your identity document and a certified copy of the divorce order to Home Affairs. This is required to evidence the change in marital status and to prove that you are now divorced.

Remember. If there are issues with how the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree to the divorce and there must be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter. He/she will advise what the process is regarding them endorsing the Settlement Agreement. For a list of Family Advocates in South Africa, please click here. There is no cost for attending at the Family Advocate. Find out from the Regional Court handling your matter how long after the Family Advocate has endorsed the Settlement Agreement, must you go back to get a date for the divorce hearing. The Court will advise what you need to bring on the day of the hearing (original settlement agreement, original marriage certificate (get an original from Home Affairs if need be), ante-nuptial contract (if applicable). Dress smartly when you attend at Court. Do not be nervous. As the matter is uncontested, the defendant need not attend. (However, if possible, we recommend that the defendant does attend.) Enquire from the Court as to when you may pick up your divorce order. After the divorce has been granted, you must submit your identity document and a certified copy of the divorce order to Home Affairs. This is required to evidence the change in marital status and to prove that you are now divorced. 4.4 Stars | 69 Ratings 1,175 Downloads Updated July 03, 2023A marital settlement agreement is a legal document that allows a couple to divide their property and liabilities as part of a divorce.

Remember. If there are issues with how the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree to the divorce and there must be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-ex- spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter. He/she will advise what the process is regarding them endorsing the Settlement Agreement. For a list of Family Advocates in South Africa, please click here. There is no cost for attending at the Family Advocate. Find out from the Regional Court handling your matter how long after the Family Advocate has endorsed the Settlement Agreement, must you go back to get a date for the divorce hearing. The Court will advise what you need to bring on the day of the hearing (original settlement agreement, original marriage certificate (get an original from Home Affairs if need be), ante-nuptial contract (if applicable). Dress smartly when you attend at Court. Do not be nervous. As the matter is uncontested, the defendant need not attend. (However, if possible, we recommend that the defendant does attend.) Enquire from the Court as to when you may pick up your divorce order. After the divorce has been granted, you must submit your identity document and a certified copy of the divorce order to Home Affairs. This is required to evidence the change in marital status and to prove that you are now divorced. A Divorce Agreement is a contract entered into by a married couple that describes how the couple will handle their family responsibilities and protect and divide their marital assets as they move through the process of dissolving their marriage. This document can be used to create either: 1. a temporary agreement that will only remain in place until a new agreement is created in the form of a divorce decree or 2. an agreement that will be incorporated into a final divorce decree and remain in place after the divorce is completed. This Agreement addresses issues of child and spousal support, division of debts and assets, child custody and parenting time arrangements, and division of the marital home. This method can lessen, or even eliminate, the need for court intervention. Parties may use this document if: Parties plan on filing for divorce in the United States and meet the residency requirements for their state Parties mutually agree to separate and are still in contact with each other Parties are willing and able to negotiate the terms of the divorce, including property division and child custody How to use this document Working together, both Parties can use this document to record any agreements they come to regarding their Divorce. There are sections including spousal support, division of property and assets, child support, child custody, and visitation schedules. The Parties should complete any applicable sections and disclose any information necessary for both Parties to make informed decisions about their decisions and compromises. If there are prior existing child custody or support orders or property division agreements, the Parties can choose to incorporate their terms into this Agreement by attaching the associated paperwork to this document. The Parties may also use this document to amend and change already existing agreements. NOTE: Child support is a matter of the state and must be approved by a court before a Party can change the amount of child support they pay. After completing the Divorce Agreement, the Parties may independently consult attorneys. The Parties may agree, particularly if the Agreement includes the division of property, to each consult with an attorney prior to executing the document due to the nature of the important and personal rights involved. If desired, there is an option to sign the document in front of their attorneys and have their attorneys complete paperwork acknowledging that they've witnessed the signing of the document. Once the Parties have completed the Agreement and had it reviewed to their satisfaction, they can take the document before a judge. If the Court decides that the Agreement is fair to all concerned parties, it may be signed into an order of the Court as a final judgement of Divorce Applicable law Divorce and separation is generally a matter of state law, with different states having different laws dictating the time and manner in which a divorce is completed. In order to file for divorce in a state, you must meet that state's residency requirements. Some states require longer residency periods that others prior to filing for divorce. Further, some states have additional requirements in order to file for divorce in that state. Currently, Louisiana, South Dakota, Iowa, Alaska, and Washington state are the only states who do not have residency requirements. You can find the residency requirements for your state by checking with your the County Clerk's office where you plan to file for divorce. In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the child(ren) involved. How to modify the template You fill out a form. The document is created before your eyes as you respond to the questions. At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Remember. If there are issues with how the pension interest clause is drafted and such is unenforceable against funds, then a court application (which is costly) will be required to be made to rectify such. Avoid this if possible and have a custom agreement drawn up to properly deal with the pension interest. Again, purchase this agreement, where there is no pension interest to be divvied up. You can go to certain Regional Magistrate’s Courts (and NOT the High Court as this will be more expensive as you may require an advocate and may take longer to be heard) and do your divorce for just the costs of the sheriff and the settlement agreement purchased here. We reiterate that this is solely for UNCONTESTED DIVORCES. Typically, you will be assisted with the following at the Divorce Courts: Divorce statistics Form as required by the Department of Statistics Form A (where minor children are involved) Combined Summons Particulars of claim Cover Sheet Notice of Set down With enough preparation and research, this should not be a daunting exercise. In fact it can be cost-efficient and expeditious. Do your homework however and have a lot of patience as attending at court can be wearisome for lawyers even! However, PLEASE NOTE, if there are pension interests to be divided up, such can get complicated in terms of calculations and following statute. Our settlement agreement has detailed drafting notes, but a cursory search on Google will show you that even legal practitioners get clauses in settlement agreements dealing with pension interests wrong, meaning that it becomes difficult to enforce such orders. We strongly recommend that a bespoke (custom) agreement be drawn up by SITL Legal for you to enable us to do the necessary investigations on your behalf with the various funds and to ensure that such agreement is legally compliant IF THERE ARE PENSION INTERESTS TO BE SPLIT. To be able to make use of the DIY divorce service at a Regional Magistrate’s Court, the divorce in question must be uncontested. This means that the divorcing parties must basically agree to the divorce and there must be no dissent around the divorce, the division of property, parenting and such like. Previously divorces could ONLY be obtained in the High Court. Recent changes to SA law mean that one may now obtain an uncontested divorce in an applicable Regional Magistrate’s Court. NOTE: You could apply for a divorce in a High Court if need be, however it should be quicker, faster and easier to do a DIY divorce in a Regional Magistrates Court than in the High Court. Where the ex-wife-to-be is pregnant, or where the couple have minor children, then the involvement of the Family Advocate is required. The Family Advocate must always endorse the Settlement Agreement between the divorcing parties to ensure that parental arrangements regarding minor children are in the best interests of such minor child or minor children, as the case may be. We have a substantive divorce settlement agreement for sale here that encapsulates a detailed parental plan. There are explanatory and drafting notes within this agreement to guide you in terms of concluding it. This agreement deals with the following: division of marital assets (EXCLUDING PENSION INTERESTS), spousal maintenance, child maintenance, detailed parenting provisions regulating residence of the children, what is to happen in the event of the death of the primary care-taker, religious faith that children are to be brought up under, schooling, transport, mediation, breach, cists, good faith, full disclosure, etc. We reiterate the complexities with regard to dividing pension interests and advise that if the parties are divorcing on an uncontested basis, are doing a DIY divorce, but wish to have a customised (bespoke) settlement agreement and parenting plan drawn up due to complexities around, for example, pension interests, then please email info@sitllegal.,xx.xx for a quote. How does one proceed with obtaining an uncontested do-it-yourself divorce at a Regional Magistrate’s Court? Make certain that the divorce is indeed uncontested and that there has been irretrievable break-down of the marriage (e.g. due to physical abuse, or adultery etc.), with no reasonable possibility of restoration of the marriage relationship. Do the ex-spouses-to-be agree to the divorce, the division of assets, how the children are to be parented, etc.? If so, the divorce is uncontested. Complete the Settlement Agreement and sign. If you wish to have the agreement reviewed to make absolutely certain that everything is correct and that the agreement is legally binding, then please email us here for a quote for such review. HOWEVER, we have included very robust provisions in the Settlement Agreement with detailed notes for conclusion thereof. If you would still like to go the DIY route, but are desirous (for whatever reason, e.g. very extensive assets that need to be dealt with, parental plan involving a spouse moving overseas) of SITL Legal drafting and concluding a custom (bespoke) Settlement Agreement and Parental Plan, and coaching and assisting through the entire process, then please email us here for a quote. Once the Settlement Agreement has been signed (sign a few copies as originals to prevent having to get them certified), find out which Regional Magistrate’s Court has jurisdiction to grant the divorce. Call the Regional Magistrate’s Court before going there. As this is a DIY divorce, you will have to attend personally. You will have to take your marriage certificate, ante-nuptial contract (if there was one concluded before the marriage) and certified copies of both parties’ identity documents. Make sure copies are clear and get them certified at a police station. You will need the originals for SAPS to be able to certify the copies. There are trained court officials there who will assist you with completing the divorce papers. If there minor children, or if the ex-wife-to-be is pregnant, you will be asked to complete Statutory Form A; this will be given to you at Court. You will also be asked to complete a Divorce Statistics Form, a combined summons and particulars of claim. You will receive a case number. In your particulars of claim that you fill in, please make sure that you ask for the Settlement Agreement to be made an order of court; this helps you if your ex-spouse-to-be defaults as he/she could be held in contempt of court for violating a court order. The Settlement Agreement incorporating the Parental Plan will be attached to the summons. Once the divorce papers are entirely completed, these must be taken to the relevant Sheriff to serve on the other party. To ensure that service happens, please attend at the Sheriff’s office with your ex-spouse-to-be. The papers will be served there and then on him/her and this will help keep costs down. The Sheriff will provide you with a return of service. NOTE: if your ex-spouse-to-be does not attend at the Sheriff with you and if the Sheriff has to make several attempts to serve the summons, this will result in increased costs. Manage this by calling the Sheriff beforehand and procuring that your ex-spouse-to-be attends with you so that service happens there and then. For a list of Sheriff’s in South Africa, please click here. If there are minor children, or if the ex-wife-to-be is pregnant, please call the Family Advocate that has jurisdiction over this matter. He/she will advise what the process is regarding them endorsing the Settlement Agreement. For a list of Family Advocates in South Africa, please click here. There is no cost for attending at the Family Advocate. Find out from the Regional Court handling your matter how long after the Family Advocate has endorsed the Settlement Agreement, must you go back to get a date for the divorce hearing. The Court will advise what you need to bring on the day of the hearing (original settlement agreement, original marriage certificate (get an original from Home Affairs if need be), ante-nuptial contract (if applicable). Dress smartly when you attend at Court. Do not be nervous. As the matter is uncontested, the defendant need not attend. (However, if possible, we recommend that the defendant does attend.) Enquire from the Court as to when you may pick up your divorce order. After the divorce has been granted, you must submit your identity document and a certified copy of the divorce order to Home Affairs. This is required to evidence the change in marital status and to prove that you are now divorced. Important Questions to ask Yourself before Proceeding with a Divorce IN THE HIGH COURT OF SOUTH AFRICA KWAZULU NATAL, LOCAL DIVISION, DURBAN CASE NO: In the matter between: PLAINTIFF and DEFENDANT DIVORCE SETTLEMENT AGREEMENT 1. DEFINITIONS 1.1 In this