Draft your own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town

In South Africa, a court of law would be approached to grant a divorce to a couple if the marriage has broken down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, then spouses are immediately allowed to remarry and move on with their lives.  This is what is hoped and expected. There are, however, factors that can keep spouses connected after divorce. This could vary from couple to couple.

Connecting former spouses post-divorce

If there are minor children born from the marriage, then the parties may have to deal with each other in relation to child maintenance and visitation after the divorce. If it is ordered or agreed upon before the divorce that one spouse should pay personal maintenance to the other spouse, or alimony, then on that basis, the parties may have to continue dealing with each other after the divorce.

The divorce process in South Africa

Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can grant a divorce to couples. And not every court is authorised to do so. For example, the criminal courts or labour courts will not be able to divorce a couple. The High Courts and family courts would be able to grant divorces to couples. The entire legal process begins with the issuance of a summons by the relevant court.

Issuing of a Summons from the divorce 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. Usually, it would be the court that deals with divorces where one of the parties resides.   The registrar of the court would sign and stamp the summons and provide a case number. Basically, a court file is opened.

Particulars of Claim

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.

Below you will find an example of a Particulars of Claim. You will also find an online form which you can complete to assist you in starting the divorce process.

Example of information in the Particulars of Claim

1. The Plaintiff and the Defendant are as described on the face of the summons.
2. The Defendant and/or Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 2000, at Cape Town, Western Cape, the parties were married in Community of Property, and the marriage still subsists. Kindly find attached a copy of the marriage certificate marked “A”.
4. Plaintiff avers that by virtue of the following facts and circumstances, the marriage relationship between the parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
4.1 There is no love, affection, or meaningful communication between the parties; and
4.2 The Parties do not wish to live as husband and wife.

WHEREFORE PLAINTIFF PRAYS FOR:

A. A Decree of Divorce;
B. Equal division of the Joint Estate;
C. Costs, only in the event this action is defended; and
D. Further and/or alternative relief.

DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________20___.

______________________
Per: JOHN WILLIAMS
(Plaintiff in Person)
4 Green Street,
Greenland,
WESTERN CAPE

TO: THE REGISTRAR
HIGH COURT
CAPE TOWN

AND TO: JANE WILLIAMS
1 Apple Street,
Apple Town,
WESTERN CAPE