June 5, 2019
What to expect on your day in court (Harmonious divorces)
On the day
Your attorney will be waiting for you in front of the Court at the time previously agreed. In an harmonious divorce matter only one spouse will have to appear at Court to testify – usually the Plaintiff.
Brief meeting with counsel
If an Advocate has been appointed, your attorney will introduce you to your Advocate at their chambers. The Advocate will explain the process of testifying in Court over a cup of coffee to make sure that you are completely at ease and comfortable before heading to court. He/she will run through the questions that will be asked in front of the Judge. Herewith the questions you can expect to be asked.
- Where do you currently reside?
- Do you consider this place your permanent place of residence?
- When did you and the Defendant get married?
- Where did the marriage occur?
- How were you and the Defendant married? Your marital regime?
- Do you and the Defendant still live together as husband and wife?
- For how long?
- What are the reasons for the breakdown in the marriage?
- Are there any children born from this marriage?
- Could you kindly advise the court what arrangements have been made for the court regarding after school care?
- You and the Defendant entered into a settlement agreement, correct? Please can you confirm that the signatures on the agreement belong to you and the Defendant?
Waiting at Court for your matter to be called.
The actual time in front of the Judge is only a few minutes, but the waiting time can be anything from a few minutes to a few hours. Be sure to clear your schedule for the day.
The length of the court roll and the order in which the matters are called, will affect the waiting time. Regardless of how long the wait might be, you will always be accompanied by your attorney who will make sure that you know exactly where and when you need to sit, stand and speak before you are called to testify.
Testifying at Court
After your matter is called, you will have to testify. This means that you will have to answer certain questions in front of the Judge. The Judge will grant the Order if the papers are in order and if he/she is satisfied that there has been an irretrievable breakdown of the marriage.
What to bring along with you
In most cases your attorney will only ask that you bring your original marriage certificate to Court. You may also be required to bring original settlement agreements with you.
Dress code
Advocates will wear their togas/robes. Attorneys will usually wear corporate/office wear. Even though there is no specific dress code for civilians, it is always advisable to stay away from skimpy or uncomfortable outfits. As a general rule, men are expected to wear a tie and woman are expected to cover their shoulders.
Date of divorce
Once you have testified and the court has granted a decree of divorce you will be officially divorced from the day you appeared. Your physical divorce order will be available for collection from the Court Registrar within a week or two after your court appearance. Your attorney will collect your order and will send you a scanned copy of your order. Thereafter you will be able to arrange that the original be collected from your attorney at a date and time that suits you.