Jurisdiction

Question 1

Which court will have jurisdiction relating to Divorce Proceedings

Answer 1

S2(4) of the Divorce Act states that a court shall have jurisdiction in a divorce action if the parties are or either of the parties is

• domiciled in the area of jurisdiction of the court on date which action is instituted
• ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the republic for a period of not less that one year immediately prior to that date

Question 2

Clients husband resides in England, she wants to institute divorce proceedings, in order to have summons served in England you need to bring an application in the HC in SA first. What application do you have in mind

Answer 2

An Application to court for leave to sue by way of edictal citation

Question 3

Would you use the short form or long form for the NOM for edictal citation?

Answer 3

The Short Form

Question 4

Draft only the prayers for relief seeking in NOM

Answer 4

For an order in the following terms:

That leave be granted to the applicant to institute proceedings against the respondent by way of edictal citation in which proceedings the applicant claims a decree of divorce and certain other relief.

That the citation be served on the respondent personally.