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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.

Child-related divorce matters

Can band-aid babies save a marriage?

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

Custody & drugs

An unborn child when divorcing

Grandparents & divorce

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.

International divorces, children & overseas issues

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

Children and marital problems

Affairs

Affairs and their impact on divorce settlements.

Assets/debt and divorce

The duty to disclose your financials when divorcing.

Divorce & finances

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.

Movable assets - what to take if you move out.

Protection of assets using a trust

Debt Review and Divorce

Working together and divorce

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

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

Unmarried couples & pensions

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

Inheritance & divorce

Divorce & future expenses

Divorce & Future medical expenses

Marriage (COP vs ANC), cohabition and Universal partnerships

Antenuptial contracts

The postnuptial contract

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


The co-habitation agreement

Rights for those in Universal partnerships

Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)

Null declaration of customary union

Divorce orders

Vary or rescind a divorce order

Change divorce order without court application

Non-compliance with a divorce order

Contempt of Consent Paper

Spangenberg & Another vs De Waal; Rule 43 order is set aside

Perjury & forgery

Perjury in the court papers

Divorce: Forging spouse's signature

Divorce courts

Divorce & the day in court

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?

Lady Justice

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