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CHILD & FAMILY LAW
Uncontested Divorce Requirements
- 1. The original marriage certificate. Where this cannot be found one can apply to the Registrar of Marriages for a duplicate copy of the original marriage certificate.
- 2. The physical and email address of the spouse to be served with the divorce summons. Where the spouse to be served with the divorce summons is outside the country, they can by way of a Special Power of Attorney appoint an agent to accept service of the summons on their behalf. Alternatively, the spouse instituting the divorce proceedings can apply to the High court for permission to serve the process outside the country.
- 3. The grounds for divorce. These must show that the marriage has irretrievably broken down to such an extent as to be incompatible with the continuation of a normal marital relationship.
- 4. The names and dates of birth of minor children born of the marriage.
- 5. Who will have custody of the minor children upon divorce. Our courts are reluctant to grant joint custody.
- 6. The amount of access which the non-custodian parent will have to the children eg every weekend or every school holiday etc.
- 7. How much maintenance the non- custodian parent will pay per month per child. The High Court as the Upper guardian of minor children insists that there be a maintenance provision in the divorce proceedings. This is for the benefit of the children.
- 8. A list of the assets of the parties and how the assets will be shared upon divorce.
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