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Quick overview of Process
- For free: go to Step 1 www.divorceonline.co.za and test if you can get divorced without a lawyer!
- If qualify. complete Steps 2 – 4
- Print your generated divorce documentation: a step by step check list is included;
- Affix R80 revenue stamp to only the original summons. Note: Revenue stamps are also available at selected post offices;
- Make the necessary copies of all documents;
- Go to your local court (detailed in the check list);
- Once issued at your local court, take the documents to the relevant sheriff (which details will be provided by us) for service on the Defendant. This service will cost around R120 – R180. For an urgent service the fee is around R250.
- If the matter is defended you will have to refer it to an attorney;
- If the matter is not defended, count ten (10) working days after the date of service on your spouse;
- Go back to your local court and a get a date for your divorce hearing from the divorce registrar;
- Appear in court on that date given to you by the Court; Note: Divorce courts generally sits in the morning only.
- Count approximately 10 working days and then go back to your local court to collect your typed Court Order.
The time duration will be different on each matter depending on how long it takes you to follow the steps mentioned above.”
Detailed overview of Process
Introduction:
If you and your partner have agreed on the terms of your divorce we can help you complete the necessary divorce forms online and guide you through the divorce process for only R900! There is no need for a complex, drawn out and expensive divorce.
STEP 1 - test your divorce for free!
Complete a couple of questions and we will tell you immediately if you can do your own divorce or if you need a lawyer. If you can do your own divorce, proceed to step 2.
STEP 2 - payment R990.00 (inclusive)
At a cost of R990.00 you can begin the divorce process. On confirmation of payment you can proceed to Step 3.
STEP 3 - complete forms
Complete further detailed questions to generate your divorce documentation. This process could take approximately 30min. Proceed to Step 4
STEP 4 - generate your documentation online and finalise your divorce in court.
Online process: On completion of Step 3, your divorce documents are generated automatically. They will be checked for accuracy and made available to you online for printing/downloading.
DivorceOnline will help you generate all the necessary divorce forms recognised by the High Court and show you exactly what steps you need to follow to get divorced. We will include a step by step guide to help you finalise your divorce in court.
These are the online forms that we will help you generate, download and print for the court:
- Your tailor-made DivorceOnline checklist as a guide;
- If there are minor children, form A;
- Divorce statistics required by the Department of Statistics;
- The summons;
- Particulars of claim.
Offline process - Once you have printed the forms, you must take the following steps:
- If there are minor children:
- Sign the combined summons, particulars of claim and Deed of Settlement.
- Attach all reports called for in Form A and attach the Form A with Annexures and the Deed of Settlement to the Particulars of Claim.
- You will have to hand the Original Deed of Settlement together with the Summons and Particulars of Claim to your local Family Advocate. Their details can be obtained from your local court. They will then go through your documents and issue a certificate that they are satisfied that the Deed of Settlement and other documents are in the best interest of the children.
- If there are no minor children, sign the combined summons and particulars of claim.
- Affix R80-00 revenue stamps to the face of only the origanal combined summons.
- Make 4 copies of the combined summons and particulars of claim. The original will consist of the summons, particulars of claim and (if there are minor children) the Form A and Deed of Settlement;
- Go to your local court (we will provide the details) to see the Registrar that issues court process. Hand him/her the divorce statistics and 4 batches of processes. In Johannesburg you will need to attach an extra copy of the front page of the combined summons. He or she will stamp all copies and allocate a case number, retain one copy and hand you the original and two copies. The last copy is for your records;
- Go to the sheriff that serves process where the Defendant resides (we will provide this information) and hand him the original and a copy of the combined summons and particulars of claim. He will then serve the process on Defendant and give you an original and copy of the Return of Service that you must pay him about up to R180,00 for;
- If Defendant does not defend the matter you must then count ten court days after service (exclude week-ends and public holidays) and then, with the help of the Registrar, set the matter down on a date that the Registrar will give you. Use the form of set down that is prescribed by your local court (that we provide). You must prepare an original and one copy. The Registrar will ask you for the original summons and Return of Service and will stamp the Notices of Set Down. He will retain the original and hand you a copy;
- On the date allocated for the hearing of the matter, get to court at around 9h00. You must take your original marriage certificate. If you have lost it, make sure that you go to Home Affairs to obtain a duplicate original as the Court will not hear the matter without it;
- Check the Court Roll to see in which court your matter will be heard and which number it is on the roll. You will see how other divorce matters are conducted. Don't be nervous as the judge will assist you!
- Please feel free to contact our DivorceOnline support line to help you in any matter regarding your divorce process. We are here to assist you. For support or advice contact:
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