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
Back
Next
Save
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
Male
Female
Plaintiff Maiden Name (If applicable)
Plaintiff Age
Plaintiff Race
Plaintiff Marital status at time of marriage:
Never married
Widowed/Widower
Divorced/Divorcee
Customary Married
Back
Next
Save
Plaintiff Contact Information
Plaintiff Residential Address
Street Address
Street Address Line 2
City
Province
Postal / Zip Code
Is the Plaintiff postal address the same as the residential address?
Yes
No
Plaintiff Postal Address
Street Address
Street Address Line 2
City
Province
Postal / Zip Code
Plaintiff Email
example@example.com
Plaintiff Telephone Number
Plaintiff Emergency Contact NAME
Plaintiff Emergency Telephone Number
Back
Next
Save
Plaintiff Employment
Is the Plaintiff Employed?
Yes
No
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
City
State / Province
Postal / Zip Code
Back
Next
Save
Plaintiff Financials
Plaintiff Gross Monthly Income
Plaintiff Nett Monthly Income
Plaintiff's Extent of Monthly Financial Commitments
Explanation the Financial Commitments of the Plaintiff
Back
Next
Save
Defendant Contact Information
Defendant Full Names & Surname
Defendant ID Number
Defendant Male / Female
Male
Female
Defendant Maiden Name (If applicable)
Defendant Age
Defendant Race
Defendant Marital status at time of marriage:
Never married
Widowed/Widower
Divorce
Customary Married
Defendant Postal Address
Street Address
Street Address Line 2
City
State / Province
Postal / Zip Code
Is the Defendant residential address the same as the postal address?
Yes
No
Defendant Residential Address
Street Address
Street Address Line 2
City
State / Province
Postal / Zip Code
Defendant Email
example@example.com
Defendant Phone Number
Defendant Emergency Contact NAME
Defendant Emergency Contact Number
Back
Next
Save
Defendant Employment Details
Is the Defendant Employed?
Yes
No
Defendant Occupation/Job Description
Defendant Employer Name
Defendant Employer Telephone Number
Defendant Employer Address OR Business Address
Street Address
Street Address Line 2
City
State / Province
Postal / Zip Code
Back
Next
Save
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
Back
Next
Save
Children
Were there children born from the relationship?
Yes
No
Birth Certificates of all Minor Children
Browse Files
Drag and drop files here
Choose a file
We will need an original to issue summons.
Cancel
of
State the full name, gender, and date of birth of each minor or dependent child of the marriage:
Back
Next
Save
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?
Back
Next
Save
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:
Browse Files
Drag and drop files here
Choose a file
Cancel
of
ATTACH RECENT MEDICAL REPORTS OR OTHER RELEVANT DOCUMENTS:
Browse Files
Drag and drop files here
Choose a file
Cancel
of
Back
Next
Save
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.
Back
Next
Save
Maintenance for Children
Please attach a statement of expenses and disbursements, incurred on behalf of each child.
Browse Files
Drag and drop files here
Choose a file
Cancel
of
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?
Yes
No
If No, how much are the monthly educational costs?
Have medical costs been included in the maintenance amount stated above?
Yes
No
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?
Yes
No
If No, how much are the monthly activities costs?
Back
Next
Save
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?
Both
Only Defendant
Only 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.
Back
Next
Save
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?
Yes
No
Please provide detail:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
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:
Back
Next
Save
Marriage Information
Marriage Certificate
Browse Files
Drag and drop files here
Choose a file
We will need an original to issue summons.
Cancel
of
Date of Marriage
-
Month
-
Day
Year
Date
Place of Marriage?
HOW were you married / Marital Regime?
In Community of Property
Out of community of Property without the accrual system
Out of community of Property with the accrual system
Upload a Copy of the prenuptial agreement.
Browse Files
Drag and drop files here
Choose a file
Cancel
of
Back
Next
Save
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:
Back
Next
Save
Divorce Information
Main reason/s for divorce
The relationship has broken down; are you living together or separated?
Living together
Separated
Please specify the date when separated:
-
Month
-
Day
Year
Date
Are there any meaningful communications between the parties?
Yes
No
Are you interested in continuing the marriage relationship?
Yes
No
Do you share the same interest as your partner?
Yes
No
Have you lost love & affection for your partner?
Yes
No
Is there any possibility of continuing this marriage relationship?
Yes
No
Please more provide detail to the above:
Drugs, Alcohol, Abuse, Extra Marital Relations, ECT
Is there any reasonable prospect to reconcile?
Yes
No
Back
Next
Save
Spousal maintenance
Do you want to claim Spousal maintenance?
Yes
No
Will your spouse be able to afford it during a time with increased expenses?
Yes
No
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
Save
Submit
Should be Empty: