International divorce is the process in which a married couple wishes to get divorced, but one of the spouses live in another country. At first thought, this may seem like very daunting scenario. It’s not. Divorce law South Africa makes provisions for divorce cases like these. The first step to take is to contact your divorce lawyer Johannesburg. The divorce lawyer Johannesburg will then instruct on the proper procedure to achieve international divorce without having to leave the country, or come to the country.
According to divorce law South Africa a South African court will have jurisdiction where the parties or either of the parties are domiciled in the area of the court’s jurisdiction on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the date on which the action is instituted or has been ordinarily resident in the republic for a period of not less than one year immediately prior to that date.
This means that with the help of a divorce lawyer Johannesburg two scenarios are probable in which international divorce is possible. Before listing the options in which this can be achieved, it should first be understood that to start a divorce action a summons must be served on the defendant, the person from whom you want to divorce, in person by a sheriff of the court. Of course, this becomes challenging when your spouse lives in another country. The first thing to be done is apply for Edictal Citation. This means the court allows an official of the court of the country in which the defendant lives to serve a summons on him/her in person. The court must be satisfied that this will be done properly and through an official of the court. the defendant can then, within the designated time frame, respond to the divorce summons, and normal divorce procedure can proceed. Further, the divorce summons can be served on a South African address chosen by the defendant by way of Power of Attorney.
- By way of Edictal Citation, which is to serve a summons on a spouse living in another country by an official of the court of that country, in person.
- Serving the divorce summons on a South African address, chosen by the defendant, in terms of Power of Attorney.
Procedure around international divorce can be quite complex and the involvement of a divorce lawyer Johannesburg should not be abandoned. The most important factor to keep in mind in an international divorce situation is the summons which is to be served in person by a sheriff of the court. Procedural differences in regular divorce process is not taken lightly and a divorce lawyer Johannesburg should be utilised when applying for edictal citation and going forward with international divorce.
In addition to wanting to make use of international divorce services related to a situation as described, a spouse may also get divorced if he/she resides in another country but wishes to divorce from a spouse resides in South Africa.
Further, If a married couple wishes to get divorced who are not South African citizens but have been living in the country for at least one year, they may do so in a South African court. Where foreigners wish to get divorced in a South African court for reasons pertaining to an extended stay in the country, a divorce lawyer Johannesburg should be consulted. Divorce law is very complex where international divorce situations arise.
Whatever the case and situation may be, a divorce lawyer Johannesburg should be made to assist in international divorce cases. The particular situation carries a lot of weight with regards to procedure and how a case must move forward.