DIY Process?

2. ATTACH THE DOCUMENTS

The chronological order of the set of documents to be attached is:

• Combined Summons
• Particulars of Claim
• Consent Paper / Settlement Agreement
• Annexure A – Family Advocate Affidavit
• Statistics Form (Form 07 – 04)

3. MAKE 4 COPIES OF THE SET OF ORIGINAL DOCUMENTS ABOVE:

The original set will be filed in the Court file eventually:

1. The sheriff will serve all documents on the defendant, and the defendant will keep the first copy.
2. Once you have issued the documents in Court, the Court will keep the second copy as a substitute in the Court file.
3. The third copy is for you to keep.
4. The Family Advocate will keep the fourth copy.

4. GO TO COURT

Take your ID and marriage certificate to the Regional Court of the Magistrates Court, where the documents will be issued, and hand all of the sets to the Registrar of the Court. The Registrar will date, stamp, assign a case number, sign the documents, place a copy in the Court file, and return all documents to you.

5. GO TO THE SHERIFF

The next step is to go to the nearest sheriff's office. Please contact the sheriff first to determine whether he has jurisdiction in the defendant's area of residence to file the documents; if not, he will refer you to the appropriate Sheriff, with a request to serve the Summons and documents on the defendant; please keep in mind that you will need to send the Original set of documents as well as the First set to the sheriff. The sheriff will charge you between R100 and R200 to serve the documents. It is best to contact the sheriff's office to determine whether he has jurisdiction to serve the documents on the defendant; if he does not, he will advise you as to which sheriff does.

The sheriff has two options for serving the documents on the defendant:

• On the defendant at the sheriff's office: To expedite the process, both you and the defendant should meet at the sheriff's office so that the sheriff can serve the documents on the defendant there and then. This will also be less expensive and may result in your case being concluded sooner.

• On the defendant at his or her home or work address: this will be more expensive and may cause your divorce to be delayed. The Sheriff served the documentation on him/her, effectively nullifying the 10-day period specified in the Combined Summons.

• The sheriff will issue a Return of Service notice once the documents have been served on the defendant. This is an essential part of the divorce process and a vital document. To obtain the Return of Service, complete the following steps:

• Where the documents were served on the defendant at the sheriff's office: Call the sheriff two or three days after the summons and annexures were served on the defendant at the sheriff's office to see if you can uplift the Return of Service and the Original set of documents. Collect the documents from the sheriff's office.

• Where the sheriff served the documents on the defendant at his or her workplace or residence: Allow at least a week to inquire whether the documents were served on the Defendant via phone call. If you have been served, go to the sheriff's office to get the Return of Service and the original set of documents.

6. GO TO THE FAMILY ADVOCATE (If Applicable)

The Family Advocate will be directed to you by the court registrar.

Bring the following original documents, as well as one copy, to the Family Advocate:

• 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 submitted the documents to the Family Advocate, they will contact you if additional documents or discussions are required.

Call the Family Advocate office after 3 - 4 working days to see if the Consent Paper was approved.

The Family Advocate will give you your Consent Paper.

7. GO BACK TO COURT

After receiving the documents from the Sheriff and the Family Advocate, you must return to court to file the following documentation. The Registrar will then notify you when the case will be entered on the court roll.

TO FINISH YOUR DIVORCE, THE COURT FILE 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 YOU WILL REQUIRE AND MUST INCLUDE 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 you were married outside of community of property; if you don't have one, you can get one from the Deeds Office)
• If you don't have a certified copy of your marriage certificate, you can get one from the Department of Home Affairs.

8. THE DAY OF THE HEARING:

The Family Advocate will be directed to you by the court registrar.

Make sure you arrive at court around 9 a.m. on the date assigned for the hearing.

Check the Court Roll to see which court will hear your case and what number it is on the roll; cases are usually called alphabetically.

Don't worry, you'll be able to see how the other matters are called and conducted.