It is very important that you go to Court on the date and time given to you by the Registrar. Go early so that you have time to find out in which room your matter will be heard.
At Court the Magistrate will have a list of cases for the day so you will not necessarily be first in line. You will have to wait your turn. When your case is called, stand up and tell the Magistrate that the divorce is unopposed and tell him whether there is a settlement agreement or not. Thereafter you will take an oath or affirmation. You should provide the Court with the documents showing that and when the summons was served on your spouse personally (the sheriff’s ‘Return of Service’). Now the Magistrate will ask you questions that will include some of the following:
- When did you get married?
- Where did you get married?
- How were you married (in community of property, out of community of property, ex.)?
- You will be shown your marriage certificate and the Magistrate will ask you whether it is the original marriage certificate and whether the information thereon is correct.
- Where do you currently reside?
- Is this place your permanent place of residence?
- Do you and the Defendant still live together as husband and wife? (If you answer positive, provide the Court with the details of who will move out of the common home and when). Provide the Court with the reasons for the breakdown of the marriage.
- Are there any children born from the marriage? (If you answer positive state their names, ages and gender).The Magistrate will continue asking questions relating to parental rights and responsibilities, contact and maintenance of the children.
- Have you spoken to the children about the divorce?
- Do you ask for maintenance from the Defendant for yourself today? (If you answer positive, provide details to the Court).
- If there is a settlement agreement, it will be shown to you and you will be asked if it is the original settlement agreement and if it is you and the Defendant’s signatures thereon.