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Sheriff letter for divorce summons (particulars of claim)

Below is an example of a sheriff letter for divorce summons (particulars of claim):

IN THE SOUTHERN DIVORCE COURT

HELD AT CAPE TOWN

CASE NO.

In the matter between:

JANE SOAP (born Doe) Plaintiff

and

JOE SOAP Defendant

PARTICULARS OF CLAIM

  1. Plaintiff is JANE SOAP (born Doe), an adult female chef of 5 Pampoen Street, Pit-sonder-water, 0000.

  1. Defendant is JOE SOAP, an adult male soap maker of 5 Pampoen Street, Pit-sonder-water, 0000.

  1. Both parties are domiciled within the above Honourable Court’s area of jurisdiction.

  1. The parties married each other in community of property on 2 February 2001 at Marriageville and the marriage subsists.

  1. There are two minor children born of the marriage, namely Baby Soap, whose date of birth is 15 April 1999 and Lucky Soap, whose date of birth is 25 July 2005.

  1. The marriage between the parties has irretrievably broken down and there is no reasonable prospect of the restoration of a normal marital relationship between them, in that:

    • There is no meaningful communication between the parties.

    • The parties have lost love and respect for each other.

    • By virtue of the aforegoing Plaintiff has withdrawn herself from the Defendant.

    • Defendant has physically assaulted Plaintiff.

    • Defendant has been involved in unduly intimate relationships during the course of the marriage, one of which was with a lady by the name of Suzie Money-Grabber.

  2. Plaintiff avers that the best interests of the minor children born of the marriage dictate that custody of such minor children be conferred on her subject to Defendant being entitled to reasonable access to such children, at all reasonable times.

  1. With consideration of:

    • Misconduct of Defendant which led to the breakdown of the marriage Plaintiff will be unfairly prejudiced if an order is not made that Defendant forfeits his benefits in the joint estate in favour of the Plaintiff.

WHEREFORE Plaintiff claims:

  1. A decree of divorce.

  1. (i) An order directing that each party shall be co-holders of parental rights in respect of the minor children born of the marriage as envisaged in section 18(2)(a) and section 18 (2)(b) of the Children’s Act No. 38 of 2005, as amended.

      1. The children shall reside with the Plaintiff subject to Defendant’s contact with the children as hereinafter provided.

      1. The Defendant shall have reasonable contact with the children at all reasonable times including but not limited to the following:

In respect of Lucky Soap:

      1. The Defendant shall have contact with the minor child every Saturday from 08:00 am until 17:00 pm until the minor child attains the age of four years;

      1. Every alternate weekend, from Friday 17h00 until Sunday at 18h00 from age four;

      1. The Defendant shall further be entitled to a reasonable period of time with the child on his birthday, the minor child’s birthday and Fathers Day;

      1. Once the minor child attains the age of four, Defendant shall have holiday contact to the minor child which shall be limited to five days at a time, until the child attains school going age. Once the minor child attains school going age the Defendant shall have contact to the child each alternate long and short school holidays with the annual December/January holiday to be regarded as two separate holidays with the split to take place on the 28th December each year for the purpose of ensuring that Christmas shall alternate between the parties.

      1. The dates of such holiday contact shall be arranged reasonably in advance of the intended stay and shall be by mutual agreement between the parties;

      1. Plaintiff shall at all time have reasonable telephonic contact with the minor child whilst the minor child is with the Defendant, and vice versa.

In respect of Baby Soap:

      1. Every alternate weekend, from Friday 17h00 until Sunday at 18h00;

      1. The Defendant shall further be entitled to a reasonable period of time with the child on his birthday, the minor child’s birthday and Fathers Day;

      1. The Defendant shall have contact to the child each alternate long and short school holidays with the annual December/January holiday to be regarded as two separate holidays with the split to take place on the 28th December each year for the purpose of ensuring that Christmas shall alternate between the parties.

      1. The dates of such holiday contact shall be arranged reasonably in advance of the intended stay and shall be by mutual agreement between the parties;

      1. Plaintiff shall at all time have reasonable telephonic contact with the minor child whilst the minor child is with the Defendant, and vice versa.

(iv) Each party shall enjoy equal rights of guardianship as provided for in the Children’s Act No. 38 of 2005, as amended.

  1. The payment of maintenance by Defendant in regard to the minor children in the amount of R 1000, 00 per month per child (totaling R2000,00) at such address or into such account as Plaintiff may advise Defendant of in writing from time to time, until such child attains the age of 18 years or becomes self supporting, whichever event last occurs.

  1. Whilst Defendant’s maintenance obligations towards the minor children continues;

    1. Payment by Defendant of all medical, dental (including orthodontic treatment), opthalmological treatment (including the provision where necessary of spectacles and/or contact lenses), pharmaceutical (incurred on doctors prescriptions), surgical, hospital, psychological, therapeutic, physiotherapeutic and similar medical expenses reasonably incurred in connection with the minor children;

    1. Payment of all or any tertiary institution and/or university fees including fees, books and equipment (on condition that the minor child apply himself/herself to his/her studies with due diligence and makes reasonable progress);

  1. An Order:

    1. Directing that the Defendant forfeit his half (1/2) share in the parties’ immovable property situated at 5 Pampoen Street, Pit-sonder-water.

    1. Directing Defendant to sign all documents required to effect transfer of his half share in the immovable properties to Plaintiff.

    1. Authorizing the Sheriff of the above Honourable Court to take all steps contemplated in prayer (e)ii above, in and on the Defendant’s stead and behalf in the event of the Defendant failing to do so within fourteen (14) days of demand;

  1. An order directing Plaintiff to retain all of the movable assets in the joint estate as her sole and absolute property.

  1. An order directing each party to be liable for debts incurred in his or her own name.

  1. Costs of suit.

DATED AT CAPE TOWN THIS DAY OF JULY 2008

JOHN DOE ATTORNEYS

Plaintiff’s Attorneys

per:

J DOE

7th Floor

Divorce Building

199 Divorce Street

CAPE TOWN

Ref. JD/JS/DIV

TO: THE CLERK OF THE COURT

Southern Divorce Court

CAPE TOWN

AND TO: JOE SOAP

5 Pampoen Street

Pit-sonder-water

0000

Other divorce-related documentation

Sheriff letter for divorce summons

Seperation agreement

Final order of divorce

Divorce & the particulars of claim


HOMEPAGE

married overseas annulmentreasons for divorce

©RW Baker lawyer@capetownlawyer.co.za
Postal address: Box 657, Howard Place, 7450, South Africa