# Can 2 parties file for divorce?



## Shane Askew (Jul 11, 2013)

Hi,
I have a legal question concerning divorce in SA. 
Can both parties file for divorce or does it have to be one party?
Thanks


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## Saartjie (Mar 1, 2010)

Shane Askew said:


> Hi,
> I have a legal question concerning divorce in SA.
> Can both parties file for divorce or does it have to be one party?
> Thanks


As far as I am aware, divorce proceedings start in SA like in the UK in that one person petitions for the divorce and the other person is the respondent.

Here is some info that you may find useful:

_If you want to ask the court to issue a divorce you need to prepare a summons dealing with:
◦How property will be divided between you and your spouse.
◦Will your spouse pay spousal maintenance;
◦If there are children involved, who will be the parent of primary residence of the children. How the parent who does not have primary residence (custody) will access the children. Who will receive child or spousal maintenance, how much it will be and how and when it will be paid.

If you and your partner can reach a settlement agreement before the summons is issued, this will make the process much quicker and easier. If you reach an agreement, you should write it down and sign it. This consent paper should then be attached to the divorce summons. It is always better to divorce in an uncontested manner. 

A hearing date will be set. At this hearing, the judge will ask questions to confirm the information in the summons. Once everything is settled, a divorce order will be granted.

If you use the Family Court instead of a High Court your divorce may go through more quickly and more cheaply._


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## Shane Askew (Jul 11, 2013)

Thanks for the quick reply.

The proceedings you described are pretty standard and are already in motion. 
However, the filing party - the wife - is deliberately and maliciously delaying going to court so that the husband will give in to her proposal for the division of the assets (they married in community of property). For example: he has nowhere to stay - he was renting - and tried to buy a small house. She refused to release the money to complete the deal and the deposit of R100 000 was forfeited. 
Half of that was her money but she doesn't seem to care about that. For well over a year now she and her lawyer have done one thing after another to delay the case coming to court. Since the wife has filed for divorce, only her party can arrange a date to bring the case to court.

My question is this: can the husband file for divorce as well? Can he also file for divorce? Because if he can, then he will be able to set a court date and bring the case to court and have the case settled.


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## Saartjie (Mar 1, 2010)

Shane Askew said:


> Thanks for the quick reply.
> 
> The proceedings you described are pretty standard and are already in motion.
> However, the filing party - the wife - is deliberately and maliciously delaying going to court so that the husband will give in to her proposal for the division of the assets (they married in community of property). For example: he has nowhere to stay - he was renting - and tried to buy a small house. She refused to release the money to complete the deal and the deposit of R100 000 was forfeited.
> ...


Although I am not a family lawyer, my colleague is and she confirmed that yes the husband can file for divorce as well.


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## Shane Askew (Jul 11, 2013)

Thank you, Saartjie.
Your reply is much appreciated.


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