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Divorce and the “annexure a” affidavit
It is a requirement in terms of the court rules that a so-called “annexure a” affidavit be annexed to the divorce summons in the event of there being minor children involved.
This affidavit details with all aspects relating to the minor child, specifically the full names and date of birth of the minor child, what school or crèche the minor child attends and will be attending after the divorce, who the minor child resides with and will be residing with after the divorce, who supports the minor child financially, whether the minor child has any learning problems, and what access arrangements have been made relating to the minor child.
Other details which need to be inserted in the affidavit are the full names of the Plaintiff and Defendant, Identification Numbers, Postal and Physically addresses, telephone numbers, name and address of employer, gross monthly income, and a list of monthly expenses. The monthly expenses would be all expenses for groceries, rent, bond, rates, petrol/travelling, children’s expenses, medical expenses, and any other monthly expenses.
Very often the “annexure a” affidavit is of relevance in a divorce matter, specifically when a divorce matter is opposed, and in such an event in determining the maintenance payable the two opposing attorneys would look at the income and expenses of the other side. The family advocates who are appointed by the court to look into the interests of the children would also look at the “annexure a” affidavit to ensure that after the divorce the best interests of the minor child are taken into consideration.
Normally an attorney would request a colleague from another firm to sign the affidavit as commissioner of oaths. The affidavit cannot be signed by the attorney or somebody from his/her firm, who are representing that client. If the client can however not attend at the attorney’s office for some or other reason the affidavit can be signed at a police station or before an authority who is authorised to sign as commissioner of oaths.
The “annexure a” affidavit is an important document in the divorce proceedings, and a client should take steps to ensure that all information indicated thereon is correct.
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Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Child maintenance matters
Maintenance & custody of adopteed children
Maintenance for the unborn child
Children suing for maintenance
Custody of children upon divorce
Jurisdiction in child custody matter
Joint decisions with respect to minor children
Child custody for the father
When a child won't see his/her father or mother
An unborn child when divorcing
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
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Divorce when the children & spouse are overseas
When your child and ex move overseas - keeping contact
Other child-divorce matters
Handicapped children & the divorce rate
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Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
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- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life insurance & divorce in South Africa
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
- Universal partnership: Asset sharing
- The distribution of assets from the dissolution of universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
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Vary or rescind a divorce order
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Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Perjury & forgery
Divorce: Forging spouse's signature
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Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
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