High Court Divorce Summons and Particulars of Claim Template

If you are considering attending to your own divorce in the High Court, you may use the template below as a starting point to draft your own relocation papers.

Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.

If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law and divorce matters.

COMBINED SUMMONS

IN THE HIGH COURT OF SOUTH AFRICA

[INSERT DIVISION NAME]
CASE NO: [INSERT CASE NUMBER]

TO THE SHERIFF/HIS DEPUTY:

INFORM [FULL NAME OF DEFENDANT], an adult [male/female], whose particulars are as follows:
Residence: [INSERT ADDRESS]
Occupation: [INSERT OCCUPATION]
(hereinafter referred to as Defendant);

THAT [FULL NAME OF PLAINTIFF], an adult [male/female], whose particulars are as follows:
Residence: [INSERT ADDRESS]
Occupation: [INSERT OCCUPATION]
(hereinafter referred to as Plaintiff), hereby institutes action against him/her in which Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto;

INFORM Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:

1. Within 10 (TEN) days of service of this summons, file with the Registrar of this Court at [INSERT COURT ADDRESS] a notice of intention to defend and serve a copy thereof on Plaintiff’s Legal Practitioner, which notice shall give an address referred to in Rule 19(3) for service upon Defendant of all notices and pleadings in the action;
2. Thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend, file with the Registrar and serve upon Plaintiff’s Legal Practitioner a plea or exception with or without a claim in reconvention;

INFORM Defendant further that if he/she fails to file and serve notice as aforesaid, judgment as claimed may be given against him/her without further notice, or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her;

INFORM Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to Plaintiff’s Legal Practitioner and the Registrar, and the action may then, at the written request of Plaintiff’s Legal Practitioner, be forthwith set down by the Registrar for hearing;

AND immediately thereafter serve on Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon.

DATED AT [CITY] THIS [DAY] OF [MONTH] [YEAR].

__________________________
REGISTRAR OF THE HIGH COURT

PLAINTIFF’S LEGAL PRACTITIONER:
Name: [INSERT NAME]
Firm: [INSERT FIRM NAME]
Address: [INSERT ADDRESS]
Tel.: [INSERT PHONE]
Email: [INSERT EMAIL]
Ref.: [INSERT REFERENCE]

PARTICULARS OF CLAIM

1. The Parties
   Plaintiff and Defendant are as described on the face of the Summons.
2. The Marriage
   [Insert details of marriage and marital regime, attach marriage certificate and antenuptial contract if applicable.]
3. The Minor Children
   [Insert details of minor children and primary caregiver arrangements.]
4. Breakdown of the Marriage
   [Insert reasons for irretrievable breakdown of marriage.]
5. Redistribution of Assets
   [Insert claim for redistribution under section 7(3) of the Divorce Act.]
6. Personal Maintenance
   [Insert claim for spousal maintenance and supporting factors.]
7. Parental Responsibilities and Rights
   [Insert proposed care and contact arrangements under the Children’s Act.]
8. Child Maintenance
   [Insert claim for child maintenance, medical aid, education costs, etc.]
9. Appointment of Parenting Co-ordinator
   [Insert terms for appointment and powers of PC.]
10. Costs and Further Relief
    [Insert prayer for costs and alternative relief.]

WHEREFORE Plaintiff prays for:

• A decree of divorce;
• Spousal maintenance as set out above;
• Parental responsibilities and rights as set out above;
• Child maintenance as set out above;
• Redistribution of assets as set out above;
• Costs, only if action is defended;
• Further and/or alternative relief.

DATED AT [CITY] ON THIS [DAY] OF [MONTH] [YEAR].

__________________________
PLAINTIFF’S LEGAL PRACTITIONER