What is Divorce Summons?
A Summons provides a formal notification to you that a case has been filed. In a divorce case, it informs you that your spouse filed for divorce. The service of summons is a key event. If one fails to take certain steps after service, you risk the court finding yourself in default.
How Long Is A Divorce Summons Valid In South Africa
What to do when you receive a divorce summons in South Africa?
Once served with a Divorce Summons by the Sheriff of the Court, you have ten working days to decide whether or not to defend the divorce. If you opt to Defend, you must submit a Notice of Intention to Defend to the Registrar of the Court. (A copy gets served on the Plaintiff).
What happens if the defendant does not respond to divorce papers in South Africa?
A court will grant a divorce by default if you serve a divorce summons on your spouse and he/she does not respond. In a default divorce, the plaintiff prepares a summons setting out his/her claims with or without the help of an attorney. A court issues the summons and a sheriff serves the summons on the defendant.
Can you stop a divorce after filing in South Africa?
Your Content Note that the divorce process may be halted at any time after the summons if the parties reach a settlement agreement and this is submitted to the court.
What happens if you are issued a summons in South Africa?
The court rules provide you with 10 business days from the day you received the summons to notify the Plaintiff or their attorney that you intend to defend yourself. At this stage, you should contact an attorney to seek legal assistance and advice regarding the claim against you.
How long does divorce process take in South Africa?
It can be finalised within 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial. A civil marriage and customary marriage need to be dissolved by a court.