The procedure to issue divorces in the Gauteng High Court changed again on 18 September 2020. Some of the changes are temporary, and other changes appear to be more permanent. We say this because, once the divorce legislation anticipated changes are final, the procedure for divorce matters will undoubtedly change again.
For the moment, the procedure to issue a divorce matter in the Gauteng High Court is as follows:
Documents required to issue divorce in the Gauteng High Court
You require the following documents to obtain the case number and stamp for the Registrar
- Summons together with the particulars of claim
- Annexure A – proof of compliance with Regulation 2 of the Mediation in certain divorce matters regulations, 1990 together with the annexures referred to therein)
- Divorce form 07-04 (the divorce statistics form)
- Opening sheet – application for a case number in a trial matter in the prescribed form
- Directive 2 of 2019 Application and classification of trial matters form
- Rule 41(A) notice
Manual/electronic allocation of a case number
You can issue the divorce matter either manually or electronically on the CaseLines portal. For the manual process, the Registrar requires three sets of the documents described above. For the electronic process, attorneys registered on the CaseLines portal must first create the case, then make the sections and then upload the forms described above to the relevant sections. Finally, the attorney must invite the Registrar tasked with the issuing of cases to the matter.
To simplify the process of issuing divorces in the Gauteng High Court, you can follow our online court enrolment application procedure. When you do, you do not need to worry about the Directives or the Practice Manual. You complete questionnaires, and we will take care of all the interaction with the Registrar for you.
In our next blog, you can learn more about the process to follow to apply for a hearing date for an uncontested divorce.
Please remember we do not give legal advice on our blog. The information contained on our website is for general purposes only. We do not accept any responsibility for any loss or damages, direct or consequential, that may result because you relied on anything contained on these pages.
If you need assistance with your divorce matter, you are welcome to contact us.