International Divorce South Africa
Our international divorce lawyers in South Africa can assist with divorce matters where either, or both, of the parties are outside the borders of the Republic.
In these kinds of divorce matters, we assist our clients to approach the Court to get permission, in the form of a Court Order, to deliver a Divorce Summons to someone who is outside of South Africa. This can be done with or without the consent of that person. If no consent is given, however, we must provide the Court with good reasons why we seek permission to serve outside of South Africa.
The Application to Court to seek permission is called an Application for Edictal Citation. In some instances, it is also necessary to seek permission to serve a Divorce Summons by means of e-mail, fax, or other digital means; in these cases the Application for Edictal Citation will be accompanied by a request that the Court authorise Substituted Service (ie an Order whereby the Divorce Summons can be served digitally)
Our international divorce lawyers will guide you through every step required to pursue your divorce matter, regardless of where in the world your spouse might be.
In international divorce matters, we prepare an affidavit in support of your request that the Divorce Summons be delivered outside of South Africa. Once you have signed the affidavit, we lodge it at Court. The Court provides us with a hearing date as soon as the affidavit has been lodged at Court. We appear at Court on your behalf on the hearing date and address the Court on the reasons why Divorce Summons must be served outside of South Africa. Once the Court has considered the reasons for service outside of South Africa, it issues a Court Order empowering us to serve the Divorce Summons internationally. The Divorce Summons is can be served in several ways, including through the embassy or consulate, by the international equivalent of the Sheriff of the Court, or by electronic means just to name a few.
International Divorce South Africa
Do I need to go to Court personally to have international service of the divorce summons approved?
Can I serve summons internationally in contested divorces?
What if I do not know where my spouse is?
Can I get divorced in South Africa if I live outside of South Africa?
“Naeema and Rasheed were married in terms of Sharia Law on the 06th of December 2018. After a few years of marriage, it was clear to Naeema that Rasheed was abusive and was controlling their finances completely. Naeema decided to get legal advice and was incorrectly advised that Muslim Marriages are currently not recognized in South Africa, and therefore, she will not be able to get divorced in our Courts. Naeema was sure that she had read somewhere that she could get divorced in South African if she has been married in terms of Sharia Law.”
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Alex and Sam have been married for a few years and have decided to get a divorce. Alex has proposed to Sam that they attempt to resolve the terms of their divorce through mediation. Sam is concerned about the mediation process and whether either of the parties’ rights would be compromised by partaking in the mediation process. In this article, we will be busting the Top 3 Mediation Myths surrounding mediation.
When it comes to family law disputes, lawyers are usually viewed as the harbingers of conflict, discord, and never-ending costs. In some circles, the perception (sadly) exists that lawyers and divorce mediators are diametrically opposed.
Here are three reasons why you should consider appointing a lawyer as your divorce mediator: