Generate your own legal
Divorce Summons
and Particulars of Claim online now and get the Court Documents needed for an unopposed divorce.
20 Minutes to complete › Pay R549 online › Customised legal document emailed to you.
Frequently Asked Questions
What is a Divorce Summons and Particulars of Claim?
The Summons; Particulars of Claim; and, signed Divorce Settlement Agreement form part of the Divorce Papers necessary to get Divorced.
A Divorce Summons is a formal document required by the Courts to register your Divorce Application and give you a case number. It contains the details of the Plaintiff and Defendant and sets out some of the different rules that need to be followed for a Court Case.
A Particulars of Claim is a document that is attached to the Summons that contains the circumstances of the matter and what the Plaintiff is asking the Court to do.
A Divorce Settlement Agreement is necessary for any divorce that is to be completed on an unopposed basis.
A Divorce Settlement Agreement, on its own, does not mean you are divorced; in order to get divorced a Court of Law must hear a Divorce Application; make the Divorce Settlement Agreement an order of Court; and, confirm the divorce.
Can I pay in instalments?
YES.
You can purchase any iLawyer product by instalments payments.
iLawyer is an authorised and verified merchant with both MobiCred and MoreTyme.
Both these services allow our customers to use credit facilities to purchase products from our store.
All you need to do is select MobiCred or MoreTyme as your payment option once you are at our payment gateway (after completing the Online Questionnaire and clicking the “Pay and Submit” button). If you are not already a MobiCred or MoreTyme member you will be able to register an account; there are requirements to get a credit facility that will be explained during the registration process.
Can I use these documents if my Divorce is Opposed?
No.
These documents will only work if your Divorce is unopposed or uncontested.
Are "Unopposed" and "Uncontested" Divorces the same"?
Basically, Yes.
There are differences, but iLawyer uses the terms interchangeably because it is assumed you and your spouse have agreed on the terms of your Divorce and have a Divorce Settlement Agreement, in written form, that is signed, or ready to be signed.
Our Divorce documents will not work if you and your spouse have not agreed on the terms of your divorce.
Our Divorce documents will not work if you and your spouse intend to fight each other in Court.
Do I need a Divorce Settlement Agreement?
If you want to get divorced, you should try to complete a Divorce Settlement Agreement with your spouse.
If you want to get an unopposed divorce you absolutely must have a Divorce Settlement Agreement.
Without a Divorce Settlement Agreement, South African Law requires that the Courts must hear the matter on an opposed basis.
If you want to save money you need a Divorce Settlement Agreement.
You can make a divorce Settlement Agreement with iLawyer, follow this link to create your customised Divorce Settlement Agreement:
How do I get a Divorce Summons and Particulars of Claim made for me?
You can make a Divorce Summons and Particulars of Claim with iLawyer right now.
Click the CREATE DOCUMENT NOW button at the top of this page to start building your high quality customised Divorce Summons and Particulars of Claim Forms.
Then, complete our Online Questionnaire, make payment, and your documents will be emailed to you within 30 minutes.
Can I do my divorce without an attorney?
Yes, you can use the Regional Magistrates’ Courts to complete a divorce without an attorney. In addition to purchasing your Divorce Summons and Particulars of Claim documents from iLawyer and you also purchase a Divorce Settlement Agreement from us, that will help you process your unopposed/uncontested Divorce through the Regional Courts. We also provide and DIY Divorce Guide with the Divorce Settlement Agreement purchase that will guide you through the Regional Magistrates Court divorce process.
Are the "Divorce Summons and Particulars of Claim" the same as "Divorce Papers"?
A Divorce Summons and Particulars of Claim are part of the Divorce Papers; Divorce Papers include the Summons, Particulars of Claim, Divorce Settlement Agreement and all supporting documentation that the Courts need to confirm a divorce.
Are iLawyer's Divorce Summons and Particulars of Claim acceptable to the Courts?
Yes.
Our documents are prepared in line with the latest Court Rule.
Bear in mind the Courts change their Rules occasionally so we provide our Divorce Summons and Particulars of Claim in MS Word to make any changes easy, if necessary.
Also, depending on what information you provide in the online questionnaire there will be some information you will still need to add to the documents once you have received them, such as which Regional Court has jurisdiction in your matter and the physical address of that Court.
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