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.
This article was written by Cape Town divorce law specialist, Peter M Baker