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Sheriff letter for divorce summons (combined summons)
Here follows an example of a Sheriff letter for divorce summons (the combined summons)...
COMBINED SUMMONS
IN THE SOUTHERN DIVORCE COURT FOR THE DISTRICT OF CAPE TOWN
HELD AT CAPE TOWN
CASE NO.
In the matter between:
JANE SOAP (born Doe) Plaintiff
and
JOE SOAP Defendant
To: The Sheriff
-
INFORM
JOE SOAP, an adult male soap maker of
5 Pampoen Street, Pit-sonder-water, 0000
(hereinafter called DEFENDANT) that
JANE SOAP (born Doe), an adult female chef of
5 Pampoen Street, Pit-sonder-water, 0000
(hereinafter called PLAINTIFF) hereby institutes action
against Defendant in which action the plaintiff claims the relief on the grounds set out in the particulars annexed hereto.
-
INFORM Defendant further that if Defendant disputes the claim and wishes to defend the action, Defendant shall –
-
Within one month after service upon Defendant of this summons file with the Registrar of this Court at 90 Plein Street, Cape Town or with any Clerk of the Court a Notice of Defendant’s intention to defend and serve a copy thereof on the attorneys of the Plaintiff, on which notice shall be given an address for the service upon the Defendant of all notices and pleadings in the action.
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Thereafter, and within 10 (TEN) court days after filing and serving such notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff a Plea or Exception, with or without a claim in Reconvention.
3. INFORM Defendant further that if the Defendant fails to file and serve notice as aforesaid, Judgement as claimed may be given against the Defendant without further notice to the Defendant , or if having filed and served such notice, the Defendant fails to plead, except, or to Counterclaim, Judgement may be given against the Defendant.
4. INFORM the Defendant also that if he/she does not intent to defend the action, he/she may give written notice to that effect to the Plaintiff and the Registrar and the action may then, at the written request of the Plaintiff, be forthwith set down by the Registrar for hearing.
DATED AT CAPE TOWN THIS DAY OF JULY 2008
_____________________________
REGISTRAR OF THE SOUTHERN DIVORCE COURT
JOHN DOE ATTORNEYS
Plaintiff’s Attorneys
Per:
J DOE
7th Floor
Divorce Building
199 Divorce Street
CAPE TOWN
Ref. JD/JS/DIV
Tel: 000 000 0000
E-Mail: john_doe@divorce-me.com
(at which address Plaintiff will accept service of all process, documents and notices)
PARTICULARS OF SERVICE (to be completed by Sheriff)
I hereby certify that a copy of this summons was served on
……………………………………..
(date), at………………………(time) at ……………………………………….
…………………………… (address) to …………………………… (person)
……………………………………….
SHERIFF FOR …………………………………
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Using Rule 43 to apply for interim custody entitlement
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Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
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Property and divorce
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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 assurance actions you need to take when divorcing
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
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Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
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