SOUTH AFRICA Law and Practice Contributed by: Beverley Clark, Jana van Breda, Elmarie Erasmus and Jessica Clark, Clarks Attorneys
Pleadings After notifying their intention to oppose, the defendant has 20 court days to file their plea and counterclaim. The plaintiff then has 15 court days to respond. Pleadings close thereafter. In certain jurisdictions, such as Gauteng, compre - hensive financial disclosure forms must be sub - mitted after pleadings have closed in instances where the disputes include maintenance or pro - prietary aspects of the divorce. Discovery Both parties must disclose the relevant docu - ments they plan to rely on during the trial. Parties exchange discovery notices (calling for the other to disclose the documents they seek to rely on) and submit sworn discovery affidavits under cover of which they disclose such documents, and may request additional documentation. Experts may also be engaged, and witnesses subpoenaed. Pre-trial Pre-trial conferences aim to resolve as many issues as possible before the trial and finalise practical arrangements between the opposing attorneys and counsel. Once all pre-trial steps are complete, the matter is certified as trial- ready. Trial After certification, the court schedules a trial date. While strict compliance with rules could make cases trial-ready within 12 months, the allocation of the trial date is at the court’s dis - cretion and is influenced by a number of factors, including the number of matters enrolled and the availability of judges. The above process pertains to High Court divorce proceedings. Regional courts can also
After the summons has been served, the defend - ant has ten court days to notify the court and plaintiff of their intention to defend the divorce if both parties live within the court’s jurisdiction, or one month if the defendant resides outside the jurisdiction. Uncontested Divorces When the plaintiff and defendant have entered into a settlement agreement prior to the divorce summons being issued, the divorce action will proceed on an unopposed basis and a decree of divorce will be granted incorporating the set - tlement agreement. If a summons is issued (with or without a settle - ment agreement having been reached) and the defendant does not defend the action within the allowed time and proper service is proven, the plaintiff can request a court hearing for a decree of divorce to be granted by default. The court will grant a divorce order if it is satisfied that: • the grounds for divorce have been met; • the summons was properly served on the defendant; and • the defendant had adequate time to file an intention to defend the action. Divorces that proceed on an unopposed basis can be finalised within three to four months from the date the summons is issued. Contested Divorces Contested divorces generally follow four stages:
• pleadings; • discovery; • pre-trial; and • trial.
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