What Happens When A Spouse Refuses To Sign Divorce Papers In South Africa

In some jurisdictions if the spouse did not contest the divorce or any particular issue in their response the judge may allow you to proceed with an uncontested divorce.

What happens when a spouse refuses to sign divorce papers in south africa. While leaving a spouse is never an easy decision there are a few things to note before you start filing the paperwork especially if your partner is sick or there are children in the picture as both of these factors play a large role in the two major types of marital abandonment. If one spouse wants to get a divorce but the other does not this means that the marriage has broken down. Each method will need follow up work with the court although a bailiffs statement of personal service is the best method to employ in the first instance. A spouse can continually ask for court extensions or may refuse to respond to your filings.

The other harsh reality is that the High Courts in South Africa have overly burdened court rolls and parties normally have to wait a long time for their divorce matter to go to trial when their divorce is contested. A professional such as a legal practitioner will be able to assist a spouse with the following. By Family Law Case Manager Harry Low In order to get a divorce in England or Wales one person needs to issue divorce proceedings the petitioner and the other needs to acknowledge these proceedings the respondent. Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely failing to respond to a request for a divorce.

Your spouses failure to respond will be treated as an agreement. Details of any children. When a spouse does not sign divorce papers the partner seeking divorce will need to get a contested divorce. When applying for a divorce youll need.

Serving and filing of a summons. The good news is that while your spouse may legally make your divorce more difficult they cannot keep you married once you initiate the divorce proceedings. Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. However your spouses failure to file a response to the divorce petition can actually work in your favor.

A contested divorce will require a hearing where both spouses will present evidence. If one spouse fails to appear or officials cannot contact the partner for the hearing the judge may render judgment in favor of the other spouse. Ultimately you want to have the matter heard before a magistrate or judge. In a default judgment a judge can grant you exactly what you requested in the divorce petition.

But with some careful planning that need not always be the case. Prior to the coming into operation of the Divorce Act in South Africa on 1 July 1979 a decree of divorce could be granted by the court either on one of the two common-law grounds adultery or malicious desertion or on one of the two grounds introduced in 1935 by the Divorce Laws Amendment Act. Details of your marriage including the date and location of the marriage. The divorce process in South Africa is relatively straightforward yet the financial and emotional consequences can be profound especially since most divorces are normally lodged in the High Court.

An annulment differs from a divorce in that it not only dissolves the marriage but also wipes it off the record. In the event that the bailiff is unable to find your spouse they can leave the papers where she is known to work with family or friends or just through the letterbox. And if one spouse wont agree to end the marriage or is trying to avoid the divorce the process may stretch out longer than expected. In which case the partner who wants to divorce may be able to get the divorce without the consent of the other.

What happens when you file for a divorce. Once you provide your divorce summons your spouse has 10 days or 20 if theyre in a different province to respond. If your partner or spouse refuses to settle the current divorce agreement your divorce will be considered a contested case and will generally require more time an energy than an uncontested divorce. Your names and address details.

According to the law you are still married. Removing a spouse from the marital home is not the primary purpose of the claim in law however it is the practical result most Raleigh Divorce Attorneys are looking for when they file these claims. DIVORCE VISAS AND FOREIGN SPOUSES IN SOUTH AFRICA. The legal process follows.

In special circumstances you may get your marriage annulled. An uncontested divorce in South Africa. It also may be helpful to understand these two different types of abandonment if you think your spouse may leave. Unlike a claim for Simple Divorce a Divorce From Bed and Board is a strictly fault-based claim meaning in order to prevail your spouse must have done something wrong.

If the respondent fails to respond to the divorce papers then the petitioner will need to take additional steps in order to get their divorce granted by the Court. Incurable insanity for not less than seven years or imprisonment of the defendant spouse for at least five years after such spouse has been declared to be a habitual criminal. If you dont know where your spouse is and hence cannot serve a divorce summons on himher in person you may divorce through a process called substituted service. The other spouse can either agree to the divorce or defend the divorce.

If your spouse was properly served the divorce papers filed an uncontested response in court then refused to sign the final divorce papers talk with an attorney about your option to proceed with an uncontested divorce. After youve served your spouse with a divorce complaint and the response deadline has passed you can seek a default judgment.