6. GO TO THE FAMILY ADVOCATE (If Applicable)
The court registrar will direct you to the Family Advocate.
Take the following original documents to the Family Advocate, plus one copy:
- Combined Summons
- Particulars of Claim
- Consent Paper / Settlement Agreement
- Annexure A – Family Advocate Affidavit
- Sheriff’s return of service
- Statistics Form (Form 07 – 04)
Once you have handed the documents in at the Family Advocate, they will call you if they need additional documents or discussions from you.
After 3 – 4 working days, call the Family Advocate office to find out if the Consent Paper was endorsed by them.
Collect your Consent Paper from the Family Advocate.
7. GO BACK TO COURT
Once you received the documents from the Sheriff and the Family Advocate you will need to go back to the court to file the documentation below. The Registrar will then let you know when the matter will be placed on the court roll.
THE COURT FILE TO FINALIZE YOUR DIVORCE MUST CONTAIN:
- The original Combined Summons
- The original Particulars of Claim
- The original Consent Paper with endorsement by the Family Advocate
- The original Statistics Form
- The original Return of Service of the sheriff
THE OTHER DOCUMENTS THAT YOU WILL NEED AND WHICH YOU MUST PLACE IN THE COURT FILE ARE:
The original Combined Summons
- The certified copy of your Identity document or passport
- A certified copy of your marriage contract (ONLY if married out of community of property, if you don’t have a copy you can collect one from the Deeds Office)
- A certified copy of your marriage certificate (obtainable at the Department of Home Affairs if you don’t have a copy)
These documents can be certified at any Police Station or Attorney Office or Bank institution by a Commissioner of Oaths.
8. THE DAY OF THE HEARING:
The court registrar will direct you to the Family Advocate.On the date allocated for the hearing of the matter, see to it that you get to court at around 9h00.
Check the Court Roll to see in which court your matter will be heard and also which number it is on the roll, normally cases will be called alphabetically. You will also be able to see how the other matters are called and conducted, don’t be nervous.
Please feel free to contact our eDivorce support line to help you in any matter regarding your divorce process.