Null
The example is for illustrative purposes only. Your prayers will depend entirely on the contents of your summons.
The Court will often indicate, for example, that it grants "Prayers 2, 3 and 4". That means that the wording of your prayers may become the wording of the final order - so its important to state clearly and exactly what you want.

Prayers


The prayers are that part of the particulars of claim in which you will ask the court what you want. It is important that each prayer (something you ask the court to grant) must link up with the averments which you made in the particulars of claim. In other words there may not be a prayer if you have not already laid a basis for that prayer in the particulars of claim.

The prayers must be specific enough not to cause confusion or to make enforcement thereof difficult or impossible. An example is if you are asking for maintenance, your prayer must also indicate when, where and how payment will be made.

This is of particular importance when asking for a share in the Defendant’s pension interest: The name of the pension fund, who administer the fund, the pension number of the Defendant and what amount or percentage of the pension interest you are entitled to must be specifically included, otherwise the pension fund will refuse to pay out your share of the pension interest.

Another prayer in which detail will be important is the prayer regarding the contact with minor children. Here it must be clear who will have contact with the children and when this contact will take place. It is also helpful if the prayers make it clear who is responsible for getting the children to a specific location  or who will pick them up from a specific location.  The specific sections of the Children’s Act must also be mentioned, as in the example provided below.

Here follows an example of how your prayers might look.Obviously not all of the prayers will be applicable to your specific situation and therefore we have included an explanation in brackets of when that specific prayer will be applicable. The part in brackets will naturally not appear in your prayers.

WHEREFORE PLAINTIFF PRAYS FOR:

“1. A decree of divorce; (Prayer for divorce)

2. An order in terms whereof the Defendant pays maintenance, in respect of the minor child, to the Plaintiff in the amount of R 1 000.00 (One Thousand Rand) per month.  The first payment of maintenance will take place by way of electronic transfer into the Plaintiff’s bank account on the first day of the month which follows the month in which this decree of divorce is granted; (Prayer for maintenance in respect of the minor child)

3. An order in terms whereof: (Prayer with regard to parental rights and responsibilities)

3.1 The parental responsibilities and rights with regard to the care of the minor child, as contemplated in Section 18(2)(a) of the Children’s Act, 38 of 2005, be awarded to the parties jointly

3.2 The permanent residency of the minor child be awarded to the Plaintiff

3.3 Specific parental responsibilities and rights with regard to contact with the minor child, as contemplated in Section 18(2)(b) of the Children’s Act, 38 of 2005, be awarded to the Defendant as follows:

3.3.1 The minor child will spend every second weekend from Friday afternoon at 14:00 to Sunday afternoon at 18:00 with the Defendant.  The Defendant will collect the minor child from the Plaintiff’s house and return the minor child after the contact visit

3.3.2 The minor child will spend the Defendant’s birthday with the Defendant.  The Defendant will collect the minor child from the Plaintiff’s house and return the minor child after the contact visit

3.3.3 The minor child’s birthday will rotate between the parties yearly, so that one year is spent with the Plaintiff and the next year with the Defendant

3.3.4 The minor child will spend half of the December school holiday with the Defendant, subject to the condition that Christmas and New Year’s will rotate between the parties yearly.  Other school holidays will rotate between the parties so that one holiday will be spent with the Defendant and the next holiday with the Plaintiff.

3.3.5 The parental responsibilities and rights with regard to the guardianship of the minor child, as contemplated in Section 18(2)(c) and Section 18(3) of the Children’s Act, 38 of 2005, be awarded to the parties jointly.

4. An order in terms whereof the Plaintiff is entitled to 50%, alternatively such a part of the Defendant’s pension interest which the court may deem fair and reasonable, in the XXX PROVIDENT FUND, administered by YYY with PENSION NUMBER: 12345678; (Prayer for pension fund claim in terms of marriage in community of property)

5. An order in terms whereof the XXX PROVIDENT FUND must pay or transfer 50%, alternatively such a part of the said pension interest in the XXX PROVIDENT FUND which the court may deem fair and reasonable, within 60 days of being informed of how the amount must be dealt with in accordance with the Plaintiff’s election; (Prayer for pension fund claim in terms of marriage in community of property)

6. An order in terms whereof the contents of paragraphs 4 and 5 are recorded in the records of the XXX PROVIDENT FUND; (Prayer for pension fund claim in terms of marriage in community of property)

7. Division of the joint estate (Prayer for division where the parties are married in community of property)

8. An order in terms whereof the Defendant forfeits his one-half share in the benefits arising out of the marriage in community of property; (Prayer for claim for forfeiture of benefits of a marriage in community of property)

9. An order that the Defendant transfer to the Plaintiff one-half, or such portion of the Defendant’s estate as the Honourable Court may find to be just and equitable, in terms of Section 7(3) of Act 70 of 1979 (Prayer where parties are married out of community of property before 1 November 1984)

10. An order that the Defendant renders to the Plaintiff an account supported by documentary proof containing full particulars of the value of the Defendant’s estate in order to determine the difference in the accrual between the parties’ respective estates; (Prayer where parties are married out of community of property after 1 November 1984 with inclusion of the accrual system)

11. Debating of the aforesaid account (Prayer where parties are married out of community of property after 1 November 1984 in terms whereof the accrual system is included)

12. Payment to the Plaintiff of any amount to which the Plaintiff may be entitled in terms of the provisions of Chapter 1 of the Matrimonial Property Act 88 of 1984 (Prayer where parties are married out of community of property after 1 November 1984 in terms whereof the accrual system is included)

13. An order in terms whereof each party retain the assets currently registered in his name as his exclusive property (Prayer were parties are married out of community of property in terms whereof the accrual system is excluded)

14. An order in terms whereof the Defendant pays maintenance to the Plaintiff in respect of herself, in the amount of R 100.00 (One Hundred Rand) per month.  The first payment of maintenance will take place by way of electronic transfer into the Plaintiff’s bank account on the first day of the month which follows the month is which this decree of divorce is granted (Prayer for maintenance in respect of the Plaintiff)

15. Cost of suit, only if the action is defended

16. Further and/or alternative relief. “

1 Star2 Stars3 Stars4 Stars5 Stars (18 votes, average: 3.72 out of 5)
Loading...