IN THE HIGH COURT OF SOUTH AFRICA

ENTER DIVISION

Case Nr. Click or tap here to enter text

In the matter between:

Type name of applicant here Applicant

And

Type name of respondent here Respondent

_____________________________________________________________________

FOUNDING AFFIDAVIT
_____________________________________________________________________

I, the undersigned

Do hereby make oath and declare as follows:

1.
1.1 I am the applicant in this matter, type details of applicant here, resident at type
address here .
1.2 The facts mentioned herein fall within my personal knowledge and are true and
correct.
 COMBINED SUMMONS

Case Nr. Click or tap here to enter text

IN THE HIGH COURT OF SOUTH AFRICA

ENTER DIVISION

In the matter between:

Type name of applicant here PLAINTIFF

And

Type name of respondent here DEFENDENT

____________________________________________________________________

TO the Sheriff of his Deputy:

INFORM: NAME OF DEFENDENT, a type details of applicant here, resident at

TYPE ADDRESS HERE.

(hereinafter called the Defendant) that

NAME OF APPLICANT, a type details of applicant here, resident at

TYPE ADDRESS HERE.

(hereinafter called the Plaintiff), hereby institutes action against the Defendant, in
which action the Plaintiff claims the relief and on the grounds set out in the particulars
annexed hereto.

INFORM the Defendant further that if Defendant disputes the claim and wishes to
defend the action, the Defendant shall -

(i) Within 10 (TEN) days of the service upon the Defendant of this Summons, file
with the Registrar of this Court at the type the court address here, a Notice of
Defendant's intention to defend and serve a copy thereof on the Attorneys of
the Plaintiff, which notice shall give an address (not being a post office or poste
restante) referred to in Rule 19 (3)(b) for the service upon the Defendant of all
notices and documents in the action.

(ii) Thereafter and within TWENTY DAYS after filing and service a Notice of
Intention to Defend as aforesaid, file with the Registrar and serve upon the
Plaintiff a Plea, Exception, Notice to Strike out, without a Counter-claim.
INFORM the Defendant further that if the Defendant fails to file and serve notice as
aforesaid, Judgement as claimed may be given against the Defendant without further
notice to the Defendant, or if having filed and served such notice, the Defendant fails
to Plead, Except, make application to strike out or Counter-claim, Judgement may be
given against the Defendant.

AND IMMEDIATELY thereafter serve on the Defendant a copy of this Summons and
return the same to the Registrar with whatsoever you have done thereupon.

SIGNED at type name of city here on this Choose an item day of TYPE
MONTH AND YEAR HERE.

_______________________________
REGISTRAR OF THE HIGH COURT

______________________________________
VAN HEERDEN'S INCORPORATED
ATTORNEYS FOR PLAINTIFF
431 KIRKNESS STREET
SUNNYSIDE
PRETORIA
(REF: W VAN HEERDEN)
TEL.: 3445901
_____________________________________________________________________

PARTICULARS OF CLAIM
_____________________________________________________________________

1.
The PLAINTIFF is NAME OF PALINTIFF, an type details of applicant here, resident
at TYPE ADDRESS HERE.
2.
The DEFENDANT is NAME OF DEFENDENT, an type details of applicant here,
resident at TYPE ADDRESS HERE.

3.
The parties were married to each other in community of property on
atPLACE OF MARRIAGE, which marriage still subsists.

4.
Both parties are domiciled within the jurisdiction area of the above Honourable Court.

5.
From the marriage between the parties, two minor children were born:
5.1

6.
It is in the best interests of the minor children that care and control be awarded to the
Plaintiff.

7.
The marriage relationship between the parties has broken down irretrievably and there
are no prospects of restoring a normal marriage relationship for the following reasons:

7.1

WHEREFORE PLAINTIFF PRAYS FOR AN ORDER IN THE FOLLOWING TERMS;

1. A decree of divorce;
2. Division of the joint estate;
3. Care and control of the minor children subject to Defendant's right of reasonable
access.
4. Maintenance for the minor children in the amount of RAmount per month per
child.
5. Cost of suit.

SIGNED at type name of city here on this Choose an item day of TYPE
MONTH AND YEAR HERE.

______________________________________
VAN HEERDEN'S INCORPORATED
ATTORNEYS FOR PLAINTIFF
431 KIRKNESS STREET
SUNNYSIDE
PRETORIA
(REF: W VAN HEERDEN)
TEL.: 3445901
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

CASE NR. Click or tap here to enter text

In the matter between:

Type name of applicant here

PLAINTIFF

And

Type name of respondent here

DEFENDENT

___________________________________________________________________

DEED OF SETTLEMENT
___________________________________________________________________

WHEREAS the plaintiff issued a divorce summons against the defendant

wherein she prayed, inter alia, for the following:
a) A decree of divorce
b) Division of the joint estate
c) Care and control of the minor children born from the marriage subject to
defendant’s right of reasonable access
d) Maintenance for the minor children in the amount of R1 000 per child per
month
e) Cost of suit

AND WHEREAS the parties are desirous to settle the matter

NOW THEREFORE THE PARTIES HAVE AGREED AS FOLLOWS:

1. Divorce Proceedings

The plaintiff will proceed to obtain a divorce order on an undefended basis.

2. Division of the joint estate

The defendant will pay the plaintiff an amount of Renter amount on Choose an item

day of TYPE MONTH AND YEAR HERE in settlement of her claim for division of the
joint estate.
3. Care and Control
(a) Care and control of the minor children will be awarded to plaintiff
subject to defendant’s right of reasonable access.
(b) Such right of reasonable access will entail that the defendant may take
the children with him every alternative weekend and one long and one
short holiday per year on condition that such access is exercised in
such a manner that it does not interfere with the scholastic and
religious activities of the minor children.

4. Maintenance

(a) Defendant will pay maintenance in an amount of Renter amount per

month per minor child and will also pay all reasonable medical, dental
and related expenditures of the minor children.
(b) The defendant will buy the minor children complete summer and winter
school uniform at the beginning of each school year including any sport
year that the children may need or scholastic purpose.
(c) The maintenance amount will escalate automatically at a rate of 10%
per year.

5. Contribution towards costs

The defendant will contribute an amount of Renter amount towards plaintiff’s legal
costs.

6. Entire Agreement

This agreement constitutes the whole of the agreement between the parties and
after signing hereof the parties will have no further claims against each other save as
mentioned herein.

This provision does not interfere with the plaintiff’s right to approach the court at any
stage for purpose of increasing the maintenance payable in respect of the minor
children.

SIGNED at type name of city here on this Choose an item day of TYPE
MONTH AND YEAR HERE.

AS WITNESSES: __________________
__________________
___________________
NAME AND SURNAME
(PLAINTIFF)

SIGNED at type name of city here on this Choose an item day of TYPE
MONTH AND YEAR HERE.
AS WITNESSES: __________________
__________________
___________________
NAME AND SURNAME
(DEFENDANT)
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

Case Nr. Click or tap here to enter text

In the matter between:

TYPE NAME OF APPLICANT HERE PLAINTIFF

And

TYPE NAME OF RESPONDENT HERE DEFENDENT

_____________________________________________________________________

NOTICE IN TERMS OF RULE 35(1), (8) AND (10)

_____________________________________________________________________

KINDLY TAKE NOTICE THAT:

1. Plaintiff requires of Defendant that he discovers under oath, within 20 (TWENTY)

days after delivery of this notice all documents and/or tape recordings that are
relevant to an issue in dispute, whether it arose between the parties or not, and
which is or was in his possession or under his control.
2. Plaintiff requires particulars from Defendant in terms of Rule 35(8), of dates and
parties to documents and/or tape recordings that Defendant is desirous to use,
which notice must be delivered to Plaintiff at least 15 (FIFTEEN) days prior to the
trial date.
3. Plaintiff informs Defendant in terms of Rule 35(1) to have the documents
discovered as such, at least 10 (TEN) days prior to the trial.

SIGNED at TYPE NAME OF CITY HERE on this Choose an item day of

TYPE MONTH AND YEAR HERE.

______________________________
JOHANNES VOET
ATTORNEYS FOR PLAINTIFF
431 KIRKNESS STREET
SUNNYSIDE
PRETORIA

TO: THE REGISTRAR OF THE HIGH COURT

PRETORIA

AND TO: GAIUS VAN WYK

ATTORNEYS FOR DEFENDANT
10 KIRKNESS STREET
 SUNNYSIDE
PRETORIA
(REF: G VAN WYK)

Received copy hereof on this the

Choose an item day of TYPE MONTH AND
YEAR HERE.

_________________________________
ATTORNEYS FOR DEFENDANT
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

Case Nr. Click or tap here to enter text

In the matter between:

TYPE NAME OF APPLICANT HERE PLAINTIFF

And

TYPE NAME OF RESPONDENT HERE DEFENDENT

____________________________________________________________________

NOTICE IN TERMS OF RULE 37(1)(a)

____________________________________________________________________

KINDLY TAKE NOTICE that Plaintiff's Attorney herewith requires that Defendant or his
Attorney attend a conference at a mutually suitable time and place, with the purpose of
agreeing on manners to shorten the trial and more specifically in regard to as many as
possible of the following:
1. Admission of facts and documents;
2. Conduct of inspections and examinations;
3. Discovery;
4. Exchange of expert reports;
5. Furnishing of further particulars for trial;
6. Exchange, inspection and communication of plans, photographs, drawings,
models and plans that will be used at the trial;
7. Consolidation of trials;
8. Quantum of damages;
9. Preparation and presentation at trial of copies of correspondence and pleadings
in a paginated file;
10. Locus standi;
11. Any other matters that may serve to shorten the trial.

SIGNED at TYPE NAME OF CITY HERE on this Choose an item day of

TYPE MONTH AND YEAR HERE.

______________________________
JOHANNES VOET
ATTORNEYS FOR PLAINTIFF
431 KIRKNESS STREET
SUNNYSIDE
PRETORIA
TO: TO THE REGISTRAR OF
THE SUPREME COURT

AND

TO: GAIUS VAN WYK

ATTORNEYS FOR DEFENDANT
10 KIRKNESS STREET
SUNNYSIDE
PRETORIA

Received copy hereof on this the

Choose an item day of TYPE MONTH AND
YEAR HERE.

_________________________________
ATTORNEYS FOR DEFENDANT
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

CASE NR. Click or tap here to enter text

In the matter between:

TYPE NAME OF APPLICANT HERE APPLICANT

And

TYPE NAME OF RESPONDENT HERE RESPONDENT

___________________________________________________________________

NOTICE IN TERMS OF RULE 43

___________________________________________________________________

TO: The abovementioned Respondent

TAKE NOTICE THAT if you intend to defend this claim you must file your reply with
the Registrar of the Court within 10(days), and therein you must furnish an address
for service as indicated by Rule 6(5) and that you must serve a copy thereof on the
applicant’s attorneys. If you fail to do so, you will automatically be barred from
defending the matter and judgement as requested can be granted against you.

In your reply you must indicate which allegations in the Applicant’s affidavit you admit
or deny, and you must set out your defence concisely.

Kindly enrol the matter accordingly.

SIGNED at TYPE NAME OF CITY HERE on this Choose an item day of

TYPE MONTH AND YEAR HERE.

__________________________
APPLICANT’S ATTORNEYS
ADDRESS

TO: THE REGISTRAR OF THE HIGH COURT

PRETORIA
AND TO: RESPONDENT’S ATTORNEYS
ADDRESS
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

CASE NR. Click or tap here to enter text

In the matter between:

TYPE NAME OF APPLICANT HERE APPLICANT

And

TYPE NAME OF RESPONDENT HERE RESPONDENT

___________________________________________________________________

AFFIDAVIT
___________________________________________________________________

I, the undersigned

ENTER NAME AND SURNAME HERE

Hereby make oath and declare as follows:

1.
I am the applicant in this matter, an type details of applicant here, resident at type
address here.

2.
The respondent is Enter Name And Surname Here an type details of applicant
here, resident at type address here.

3.
The respondent and I are domiciled within the jurisdiction area of this Honourable
Court.

4.

The respondent and I were married to each other in community of property on

at PLACE OF MARRIAGE, which marriage still subsists.

5.
From the above marriage, two minor children were born:

6.
On Choose an item day of TYPE MONTH AND YEAR HERE I issued a divorce
summons against respondent in the above Honourable Court, under case number
Click or tap here to enter text. Respondent has since given notice of intention to
defend and I am currently awaiting his plea. At the hearing of this application the
pleadings in the divorce matter will be made available to this Honourable Court.

7.
The deterioration of the marriage relationship between myself and respondent has
reached such a degree that there are no prospects of restoration of a normal
marriage relationship. The reasons therefore are evident from the particulars of
claim to the divorce summons as referred to above. I therefore submit that my
marriage relationship with the respondent has broken down irretrievably in terms of
section 4(1) of the Divorce Act nr 70 of 1979 and it is my intention to proceed with
the divorce action.

8.
The respondent is a man of means and we maintained an above average living
standard. In order to enable the court to determine the respondent’s financial
position, I refer this Honourable Court to the following:

(a)

9.
(a)

From the aforesaid it is clear that I am not in a financial position to meet the
above expenditures.

10.
I have requested the Respondent to make a contribution toward the aforesaid
expenses but he indicated to met that I am a leech and that I can wait until the
Divorce court determines the amount of maintenance that he should pay for the
children. The respondent’s behaviour is very unacceptable but it is my opinion that
he is merely angry at the fact that I have decided to proceed with the divorce and
move from the common home.

11.
I submit that in view of the aforementioned it is clear that I need the amount of
amount of R Amount as maintenance pendente lite for myself and my two children. I
furthermore submit that the respondent is in a financial position to pay the said
amount. I also need a contribution to my legal costs in the amount of R Amount.
I therefore humbly request the above Honourable Court to grant an order in the
following terms:
(a)

___________________
ENTER NAME AND SURNAME HERE

BETTY BUTCHER
Signed and sworn to on this Choose an item day of TYPE MONTH AND YEAR
HERE, the deponent having acknowledged that she knows and understands the
contents of this affidavit and that she has no objection against taking the
prescribed oath, which oath she regards us binding on her conscience.

___________________________
COMMISSIONER OF OATHS
IN THE HIGH COURT OF SOUTH AFRICA
ENTER DIVISION

CASE NR. Click or tap here to enter text

In the matter between:

TYPE NAME OF APPLICANT HERE

APPLICANT

And

TYPE NAME OF RESPONDENT HERE

RESPONDENT

___________________________________________________________________

DEFENDANT'S PLEA
___________________________________________________________________

Kindly take notice that defendant pleads as follows to plaintiff's particulars of claim:

1.
Ad paragraph 1, 2, 3, 4 and 5 thereof

The contents of these paragraphs are admitted

2.
Ad paragraph 6 thereof

Defendant admits the contents of this paragraph.

3.
Ad paragraph 7 thereof

Defendant denies the allegations in this paragraph and that the marriage relationship
between the parties broke down irretrievably.

Wherefore defendant prays that plaintiff's claim be dismissed with costs.

SIGNED at TYPE NAME OF CITY HERE on this Choose an item day of

TYPE MONTH AND YEAR HERE.

__________________________
DEFENDANT'S ATTORNEY
ADDRESS
To: THE REGISTRAR OF THE HIGH COURT

And to: PLAINTIFF'S ATTORNEY

ADDRESS