[D113] Divorce Papers needed in South Africa: Summons, Custody, Maintenance & Pension Fund explained

This video discusses what legal documents / divorce papers are needed for a divorce in South Africa. These papers are also referred to as the summons and particulars of claim which are served on your spouse by the Sheriff of the Court.
The summons and particulars of claim details the following:
1. The details of both you and your spouse, including when, where and how you were married.
2. The reasons for the breakdown of the marriage (loss of love / infidelity).
3. Maintenance for school fees, medical aid, living expenses.
4. Custody and living arrangements of any minor children from the marriage
5. Division of assets and pension fund benefits (if married in community of property)
Once the summons and particulars of claim have been served on your spouse then they can decide whether to settle the divorce (making it an uncontested divorce) or fight you at court (making it a contested divorce).
To get a divorce, its best you go to your nearest Regional Magistrates Court. It is a faster process than the South African High Court.
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CONTACT: Aslam Moolla
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=== 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.
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=== TIME STAMPS===
00:00 What legal paperwork is needed for divorce in South Africa?
01:10 Summons and Particulars of Claim explained by Lawyer
04:20 How pension fund is distributed in divorce
05:20 Children and maintenance in Divorce (medical aid and living arrangements)
05:56 Service of documents by Sheriff of Court
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=== RESOURCES CITED IN THIS VIDEO===
The Divorce Act of 1979
=== 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
#divorcelawyer #groundsfordivorce #lawondivorce

[@stanhendricks2580]

What are the reasons why a court would not grant a divorce?

[@user-fu9zx2rl1o]

Is lobola married in community of property.

[@mamphomaleka]

Thank you so much for the information

[@MrLaroche25]

What if we were married customary only, and there is a child involved how will the divorce proceed and how can I get full custody of the from my wife. Bcz I don't want my child to grow in my wife's parents house.

[@queenbministries]

Good day Mr Aslam
Thank you for your insightful channel.
I married my husband in 2009 and separated 5 months afterwards because of emotional abuse. He has put me in debts as well. I attempted divorce in 2019 but he did not cooperate. The court advised to go to UJ law clinic. The process was started from scratch in UJ law clinic last February but we couldn't continue because of lockdown. I tried to call the law clinic since September last year and the phone kept ringing. The last I phoned was February this year and got a response from them over a month later to say they will be in contact but they never contacted me. It's June and I now live in Eastern Cape and want to be married. What do you suggest I do? Do I start the process again this side and courier the summons to the sherif in Limpopo where he now lives?

[@legalleaderssouthafricanfa6798]

Hello QS Ministries
Summons (without any action) lapses generally after a year.
In this case I would highly recommend that you contact an attorney (or office) where we will be able to assist you to finalize the divorce process.
In essence, we need to check if the old summons have been properly served and whether the case number can be reactivated.
If you wish to book an appointment, you welcome to contact us: [e-mail]
All the best!
Aslam

[@queenbministries]

Legal Leaders: South African Family Law
Thank you for your quick response. The message can't open fully, but as you say I will contact your office in the day tomorrow.

[@zahieradams8666]

In community of property, Is the spouse entitled to a share of road accident fund compensation when getting divorced?

[@mmmotives7452]

No

[@mbalibuthelezi4858]

Sir then what if you ex husband refuses to share his pension fund, but you have married in community of property.

[@legalleaderssouthafricanfa6798]

Hello Mbali
Thank you for the question.

In South Africa, your pension forms part of the joint estate of the marriage in community of property. There is option to exclude to it.
So your ex husband cannot refuse by law.
If you would like help in your personal situation, you welcome to contact us on: [e-mail]
All the best!
Aslam Moolla

[@c-rawtalks4213]

Legal Leaders: South African Family Law can’t seem to see your comment but I am in the same boat. With husband’s living Anuity

[@rashikamarian2147]

@@legalleaderssouthafricanfa6798 I'm in the same situation where my husband is very abusive toward me Stating I can't take his pension or he will kill me. What do I do?

[@legalleaderssouthafricanfa6798]

@@rashikamarian2147 HI Rashika, sounds like you are in a compromising situation, have you received any legal advice as yet?

[@rashikamarian2147]

@@legalleaderssouthafricanfa6798 yes already in the process since last year