Monday 10 February 2014

Is Divorce Summons important for Divorce Settlement?

In our experience, it is much more advisable where a divorce does not settle right at the outset, to proceed with the issuing of Divorce Summons before continuing to try to settle the divorce for three simple reasons:
  1. Few people realise that whether a divorce is contested or uncontested, one cannot get divorced without issuing and service of Divorce Summons and therefore, Summons is a necessary step either way, at least moving the parties towards the ultimate goal of divorce, instead of stagnating prior to Divorce Summons; 
  2. Divorce settlement can be done at any point after issue of Summons, all the way to date of trial and if settlement is reached somewhere in this period (in the vast majority of cases it is), then the divorce immediately ceases to be treated as a contested divorce and can be disposed of on an unopposed and uncontested basis within the space of a few weeks of reaching settlement. There is therefore absolutely no prejudice to the parties; and 
  3. The parties always take settlement far more seriously, once Summons has been issued, the realisation that the marriage is truly over hits home far more and therefore, prospects of settling increase dramatically, as opposed to prospects of settling prior to the litigation process commencing. 
Read Original Source: http://www.snaattorneys.co.za/divorce-lawyers/

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