South African Divorce Papers Download

When filing for a divorce in South Africa, several important divorce papers need to be submitted to the court. These documents help initiate the legal process, whether it’s an uncontested or contested divorce.

Here’s a list of the key documents required:

1. Summons

The Summons is the first document you need to complete. This is essentially a legal notice informing your spouse that you have initiated divorce proceedings and are requesting that they appear in court or respond.

2. Particulars of Claim

This document outlines your demands in the divorce. It includes key details such as your reasons for divorce, the division of property, child custody, and any claim for spousal maintenance. You will need to specify whether you’re asking for an uncontested or contested divorce.

3. Notice of Set Down

The Notice of Set Down informs the court that the case is ready to be heard. This is usually filed after all necessary papers have been exchanged between both parties and any disputes are resolved (if uncontested).

4. Marriage Certificate

A certified copy of your Marriage Certificate must be submitted to confirm the legality of your marriage. If the original is lost, you can get a copy from Home Affairs.

5. Settlement Agreement (If Uncontested)

If you and your spouse agree on the terms of the divorce, a Settlement Agreement must be included. This details how assets will be divided, child custody arrangements, maintenance, and any other mutual agreements. The court will review this and, if satisfied, make it a binding order.

6. Notice of Divorce (Form 10)

This is an official court form that indicates you are proceeding with the divorce. It’s used primarily to notify the Registrar of Marriages to update their records.

7. Financial Disclosure Form

Both parties may be required to fill in a Financial Disclosure Form, outlining their assets, liabilities, income, and expenses. This is especially crucial if maintenance or property division is being contested.

8. Protection Order (If Applicable)

If there has been any history of domestic violence, you may need to submit a Protection Order obtained under the Domestic Violence Act to safeguard yourself and your children during and after the divorce.

9. Children’s Act Section 6 Declaration (If Children Are Involved)

If children are involved, you may be required to submit documents that address child custody and maintenance issues in accordance with the Children’s Act. This ensures that the best interests of the children are prioritised.

10. Pension Fund Information (If Applicable)

If there is a pension claim, you will need to provide details of your spouse’s pension fund so that the court can issue a pension division order, in line with the Pension Funds Act.

Filing Process:

• DIY Divorce: If you are filing on your own, you can get these forms from the Magistrate’s Court or download them online. Make sure the forms are correctly filled and submitted.
• Legal Aid: If you qualify for Legal Aid South Africa, your lawyer will assist in preparing and submitting these documents.

Having these papers in order is crucial for a smooth divorce process, and it helps ensure that your rights are protected throughout.