Uncontested Divorce - What Happens on the court day?
This article gives information about the court day procedure for an uncontested divorce, where handled by an attorney.
Your uncontested divorce papers have been signed, the documents have been served on the Defendant by the Sheriff, the Family Advocate has endorsed the parenting plan when there are children involved and the case is enrolled at court. Only the Plaintiff appears in court.
Consultation on the Divorce Day
If your divorce summons was issued in the High Court an Advocate will usually be appointed to appear with you in court. Usually at about 09:00 your attorney will accompany you to the advocate's office, called the Chambers. A short consultation will be conducted to explain the procedure and the questions that will be asked in court. After your consultation with the advocate your attorney will accompany you to court where you will meet the Advocate again. If your divorce is heard at the High Court, the court usually starts at 10:00. This does not mean that your divorce will be heard at 10:00 since there are usually a number of other cases on the court roll.
Advice:
The Dress Code for Court
Advocates will wear their black robes. Attorneys will usually wear corporate wear. There is no specified dress code for clients but if you are a woman stay away from revealing outfits.
The Actual Time of Your Divorce
The exact time that you will spend in the witness box in front of the Judge in the High Court is only a couple of minutes, but the waiting time can be something from a few minutes to even a couple of hours. Your attorney will understand that a day at Court can be quite stressful and tense for many, and that is why your attorney will never leave his/her client to wait alone.
The Questions the Advocate an Judge will ask you in Court
When your case is called, stand up and go to the witness box. Your advocate will then stand up and inform the Judge that he/she is appearing on your behalf. Thereafter you will take an oath or affirmation.
Now the Advocate will ask you questions that will include some of the following:
The Divorce Order
The Judge will then grant the Divorce Order (also referred to as a Divorce Decree if the papers are in order and if he/she is satisfied that there has been an irretrievable breakdown of the marriage. Once the Judge grants your divorce you are for all practical purposes divorced from that moment on divorced. Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree.
Documents to Bring
In most cases the attorney will only ask that the client bring his/her original marriage certificate to Court. A marriage certificate is obtainable at the nearest Home Affairs Office if you don't have a copy. The process merely takes a few minutes, dependent upon on the extent of the queue. You will need your ID document and R20.00.
Your uncontested divorce papers have been signed, the documents have been served on the Defendant by the Sheriff, the Family Advocate has endorsed the parenting plan when there are children involved and the case is enrolled at court. Only the Plaintiff appears in court.
Consultation on the Divorce Day
If your divorce summons was issued in the High Court an Advocate will usually be appointed to appear with you in court. Usually at about 09:00 your attorney will accompany you to the advocate's office, called the Chambers. A short consultation will be conducted to explain the procedure and the questions that will be asked in court. After your consultation with the advocate your attorney will accompany you to court where you will meet the Advocate again. If your divorce is heard at the High Court, the court usually starts at 10:00. This does not mean that your divorce will be heard at 10:00 since there are usually a number of other cases on the court roll.
Advice:
- Don't be late!
- Do not bring your children to Court with you.
The Dress Code for Court
Advocates will wear their black robes. Attorneys will usually wear corporate wear. There is no specified dress code for clients but if you are a woman stay away from revealing outfits.
The Actual Time of Your Divorce
The exact time that you will spend in the witness box in front of the Judge in the High Court is only a couple of minutes, but the waiting time can be something from a few minutes to even a couple of hours. Your attorney will understand that a day at Court can be quite stressful and tense for many, and that is why your attorney will never leave his/her client to wait alone.
The Questions the Advocate an Judge will ask you in Court
When your case is called, stand up and go to the witness box. Your advocate will then stand up and inform the Judge that he/she is appearing on your behalf. Thereafter you will take an oath or affirmation.
Now the Advocate will ask you questions that will include some of the following:
- Whether you are the Plaintiff in the matter and whether the address stipulated in the Summons is your address.
- Is this place your permanent place of residence?
- To confirm the identity of the Defendant and his/her address as it appears in the Summons.
- The Advocate will then establish the jurisdiction of the court by confirming that your address falls withing the Court's jurisdiction.
- The Advocate will then ask when and where did you get married?
- The Advocate will then ask were you married in community of property, out of community of property, ex?
- You will be shown your marriage certificate and the Judge will ask you whether it is the original marriage certificate and whether the information thereon is correct.
- Do you and the Defendant still live together as husband and wife? (If you answer positive, provide the Court with the details of who will move out of the common home and when).
- To provide the Court with the reasons for the breakdown of the marriage.
- Are there any children born from the marriage? (If you answer positive state their names, ages and gender).The Judge will continue asking questions relating to parental rights and responsibilities, contact etc.
- If there is a settlement agreement, also referred to as a Consent Paper, it will be presented to you and you will be questioned if it is the original settlement agreement and if it is your and the Defendant’s signatures thereon.
The Divorce Order
The Judge will then grant the Divorce Order (also referred to as a Divorce Decree if the papers are in order and if he/she is satisfied that there has been an irretrievable breakdown of the marriage. Once the Judge grants your divorce you are for all practical purposes divorced from that moment on divorced. Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree.
Documents to Bring
In most cases the attorney will only ask that the client bring his/her original marriage certificate to Court. A marriage certificate is obtainable at the nearest Home Affairs Office if you don't have a copy. The process merely takes a few minutes, dependent upon on the extent of the queue. You will need your ID document and R20.00.
