Pauw Attorneys Divorce Questionnaire

Welcome

Thank you for the instruction to be able to finalise your matter as soon as possible, we need you to complete this Divorce Questionnaire as comprehensive as possible. The information will be used to draft your Summons and Particulars of claim. We will the prepare DRAFT Documents whereafter we will set up a consultation to finalise the summons. Please provide information at hand and indicate what you will get later. Contact us if you require ASSISTANCE. Regards Francois

Divorce Questionnaire
Plaintiff/Client Details

Client is the plaintiff if he/she wish to issue summons.
Plaintiff ID Number
Plaintiff Full Names & Surname
Plaintiff Male / Female

MaleFemale
Plaintiff Maiden Name (If applicable)
Plaintiff Age
Plaintiff Race
Plaintiff Marital status at time of marriage:

Never marriedWidowed/WidowerDivorced/DivorceeCustomary Married

Plaintiff Contact Information
Plaintiff Residential Address

Street Address

Street Address Line 2

CityProvince

Postal / Zip Code
Is the Plaintiff postal address the same as the residential address?

YesNo
Plaintiff Postal Address

Street Address

Street Address Line 2

CityProvince

Postal / Zip Code
Plaintiff Email
example@example.com
Plaintiff Telephone Number
Plaintiff Emergency Contact NAME
Plaintiff Emergency Telephone Number

Plaintiff Employment
Is the Plaintiff Employed?

YesNo
Plaintiff Occupation/Job Description
Plaintiff Name of Employer
Plaintiff Employer Telephone Number
Address of Plaintiffs Employer OR Business Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Plaintiff Financials
Plaintiff Gross Monthly Income
Plaintiff Nett Monthly Income
Plaintiff's Extent of Monthly Financial Commitments
Explanation the Financial Commitments of the Plaintiff

Defendant Contact Information
Defendant Full Names & Surname
Defendant ID Number
Defendant Male / Female

MaleFemale
Defendant Maiden Name (If applicable)
Defendant Age
Defendant Race
Defendant Marital status at time of marriage:

Never marriedWidowed/WidowerDivorceCustomary Married
Defendant Postal Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Is the Defendant residential address the same as the postal address?

YesNo
Defendant Residential Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Defendant Email
example@example.com
Defendant Phone Number
Defendant Emergency Contact NAME
Defendant Emergency Contact Number

Defendant Employment Details
Is the Defendant Employed?

YesNo
Defendant Occupation/Job Description
Defendant Employer Name
Defendant Employer Telephone Number
Defendant Employer Address OR Business Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Defendant Financials
Defendant Gross Monthly Income
If Known
Defendant Nett Monthly Income
If Known
Defendant Extent of Monthly Financial Commitments, if known
Explanation of the Financial Commitments of Defendant, if known

Children
Were there children born from the relationship?

YesNo
Birth Certificates of all Minor Children

We will need an original to issue summons.
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State the full name, gender, and date of birth of each minor or dependent child of the marriage:

General Information
State with whom the children are living at present: (Any Special Arrangements?)
Where will the child/ren live?
State the Type of building and address.
Give Particulars of the accommodation of child/ren?
Will the child/ren be left in the care of another person, state the relationship, and provide context?

Education / Schooling
Name of current School or other Educational Establishment which the child/ren are at present attending, OR, IF any of them are already working, their place of employment, nature of work and details of training they are receiving:
Is it envisaged that the children, after the conclusion of the action/application, will have to change schools? If so, give full details:
Do any of the children experience learning problems? Are any of them in any respect physically or mentally disabled? If so, give full details and attach recent medical reports
ATTACH COPIES OF THE MOST RECENT SCHOOL REPORTS:

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ATTACH RECENT MEDICAL REPORTS OR OTHER RELEVANT DOCUMENTS:

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Support
State who is supporting the children at present, or contributing to their support, and to what extent?
What arrangements have been made regarding rights of access of your husband/wife? State the details of any such arrangement?
Set out any further details concerning your minor or dependent children which may be relevant to the custody of, access to and financial provision for such children, e.g. whether any such children have been convicted of any criminal offence whether any such children have been subject to any order in terms of the Child Act, 1983 (act no 74 of 1983):
State briefly the extent to which the above arrangements regarding your minor or dependent children are the result of mutual agreement with your husband/wife/spouse?
Are you or a member of your family known to a welfare organization or agency? If so, state the name of the organisation/agency and where it operates.

Maintenance for Children
Please attach a statement of expenses and disbursements, incurred on behalf of each child.

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Please List Major Current Expenses and Disbursements, indicate the Amount and what portion the parties are currently paying towards it.
Plaintiff is Currently paying? HOW MUCH of the monthly costs?
Defendant is Currently paying? HOW MUCH of the monthly costs?
Please List Each child, Indicate the cost of the child and the amount you wish to claim from the Defendant
Have educational costs (school fees – primary, secondary, and tertiary education fees) been included in the maintenance amount stated above?

YesNo
If No, how much are the monthly educational costs?
Have medical costs been included in the maintenance amount stated above?

YesNo
If No, how much are the monthly medical costs?
Does the child(children) take part in any extra-mural activities for which the cost must be included in maintenance?

YesNo
If No, how much are the monthly activities costs?

Legal Custody

This clause specifies which parent has legal custody of the child, or whether both parents will share joint legal custody. Legal custody refers to the right to make important decisions on behalf of the child, such as those related to education, healthcare, religion, and other significant areas of the child's life.
Who must get custody (make major decisions) over the children?

BothOnly DefendantOnly Plaintiff
IF NOT, BOTH PLEASE PROVIDE REASONS WHY A SPECIFIC PARTY MUST GET CUSTODY? In most cases, both parents remain holders of full parental rights and responsibilities upon divorce or separation.

Physical custody

This clause outlines the physical custody arrangements for the child, including where the child will live and how much time the child will spend with each parent. Physical custody can be shared equally between the parents, or one parent may have primary physical custody while the other has visitation or parenting time.
Please provide detail:
ACCESS AND VISITATION RIGHTS
Does the non-controlling parent have access to the children?

YesNo
Please provide detail:

Parenting time schedule

This clause sets out the specific schedule for when the child will be with each parent. The schedule may include details such as the days and times of exchanges, where exchanges will take place, and how the schedule will be adjusted for holidays and special occasions.
Please provide detail:

Decision-making:

This clause outlines how major decisions regarding the child will be made, such as those related to education, healthcare, and religion. It may specify whether one parent will have final decision-making authority, or whether the parents will need to make these decisions jointly.
Please provide detail:

Communication

This clause addresses how the parents will communicate with each other regarding the child, including how often they will communicate and what methods of communication will be used.
Please provide detail:

Transportation

This clause specifies how the child will be transported between the two households, who will be responsible for transportation, and any specific requirements or arrangements.
Please provide detail:

Special Events / Days

Access during special events: This clause specifies how parenting time will be divided during special events, such as birthdays, holidays, and other important occasions.
Please provide detail:

Changes to the schedule

This clause outlines the process for making changes to the parenting time schedule, including how much notice is required and how changes will be communicated.
Please provide detail:

Right of first refusal

This clause may provide one parent with the right of first refusal if the other parent is unable to care for the child during their scheduled parenting time. This means that the parent with the right of first refusal must be offered the opportunity to care for the child before any other childcare arrangements are made.
Please provide detail:

Travel

This clause may specify any restrictions or requirements related to travel with the child, including obtaining consent from the other parent, providing itinerary details, and ensuring that the child has appropriate identification and documentation.
Please provide detail:

Marriage Information
Marriage Certificate

We will need an original to issue summons.
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Date of Marriage

MonthDayYear
Date
Place of Marriage?
HOW were you married / Marital Regime?

In Community of PropertyOut of community of Property without the accrual systemOut of community of Property with the accrual system
Upload a Copy of the prenuptial agreement.

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Assets Information & Property Rights
List any Immovable property
List bank accounts/pension funds/ investments/policies/cash & indicate how to split or not
List any Debt
List the movable property & indicate who will take ownership.
List specific items that you want to retain.
Please more provide detail to the above:

Spousal maintenance
Do you want to claim Spousal maintenance?

YesNo
Will your spouse be able to afford it during a time with increased expenses?

YesNo
For how long (months/years) do you need spousal maintenance?
Please motivate why you should get spousal maintenance, and for what? FACTORS TO BE TAKEN INTO ACCOUNT TO JUSTIFY THE AMOUNT CLAIMED FOR MAINTENANCE FOR THE SPOUSE
Should be Empty:

Welcome

Divorce Questionnaire

Plaintiff/Client Details

Plaintiff Contact Information

Plaintiff Employment

Plaintiff Financials

Defendant Contact Information

Defendant Employment Details

Defendant Financials

Children

General Information

Education / Schooling

Support

Maintenance for Children

Legal Custody

Physical custody

ACCESS AND VISITATION RIGHTS

Parenting time schedule

Decision-making:

Communication

Transportation

Special Events / Days

Changes to the schedule

Right of first refusal

Travel

Marriage Information

Assets Information & Property Rights

Divorce Information

Spousal maintenance