[D172] HOW TO PREPARE A DIVORCE SUMMONS | SOUTH AFRICA
It should be noted that the divorce process and drafting your own summons can be a complex task and should require the assistance from a family law specialist.
Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can divorce couples. And not every court is authorised to do so. For example, 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.
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.
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.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
=== SOCIAL MEDIA ===
=== TIME STAMPS===
00:42 Combined summons
01:15 Summons – Provides time limit
01:28 The Sherriff of the Court
02:11 Particulars of Claim
03:36 Family Advocate
=== RESOURCES CITED IN THIS VIDEO===
DIVORCE ACT – SOUTH AFRICA
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=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice to your specific situation
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