[D113] Divorce Papers needed in South Africa: Summons, Custody, Maintenance & Pension Fund explained

This video discusses what legal documents / divorce papers are needed for a divorce in South Africa. These papers are also referred to as the summons and particulars of claim which are served on your spouse by the Sheriff of the Court.

The summons and particulars of claim details the following:
1. The details of both you and your spouse, including when, where and how you were married.
2. The reasons for the breakdown of the marriage (loss of love / infidelity).
3. Maintenance for school fees, medical aid, living expenses.
4. Custody and living arrangements of any minor children from the marriage
5. Division of assets and pension fund benefits (if married in community of property)

Once the summons and particulars of claim have been served on your spouse then they can decide whether to settle the divorce (making it an uncontested divorce) or fight you at court (making it a contested divorce).

To get a divorce, its best you go to your nearest Regional Magistrates Court. It is a faster process than the South African High Court.

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CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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=== TIME STAMPS===
00:00 What legal paperwork is needed for divorce in South Africa?
01:10 Summons and Particulars of Claim explained by Lawyer
04:20 How pension fund is distributed in divorce
05:20 Children and maintenance in Divorce (medical aid and living arrangements)
05:56 Service of documents by Sheriff of Court


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=== RESOURCES CITED IN THIS VIDEO===
The Divorce Act of 1979

=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation

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