Drafting of Divorce - Option 2 | Aldi Writes Attorneys

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Drafting of Divorce - Option 2 (With Minor Children)

DRAFTING OF DIVORCE DOCUMENTS - Option 2
Option 2 - With Minor Children
(PLAINTIFF)
And
(DEFENDANT)
GENERAL TERMS AND CONDITIONS
1. This is a service we offer to provide you with a tailor made divorce summons, particulars of claim, settlement agreement and / or parenting plan. No other service will be provided other than the provision of the aforesaid documents.
2. It is understood that in terms of this agreement, I/we will only be provided with the documents as specifically requested for;
3. Aldi Writes Attorneys will only provide me/us with a tailormade Summons, Particulars of Claim, Settlement Agreement and/ Parenting Plan;
4. It is understood and agreed that I/we have chosen not to have a consultation with Aldi Writes Attorneys and that all relevant information regarding our divorce is clearly stipulated in the information sheet as provided to Aldi Writes Attorneys.
5. The abovementioned documents, i.e, the Summons, Particulars of Claim, Settlement Agreement and Parenting plan will not be signed by Aldi Writes Attorneys. I/We will sign all documents on our own behalf;
6. As soon as I/we have been provided with the tailormade Summons, Particulars of Claim, Settlement Agreement and/Parenting Plan, it is my/our responsibility to take the process further, by ensuring the aforesaid documents are correctly signed, issued and delivered at the relevant sheriff and relevant Family Advocate;
7. Further to the above, I/we will ensure the collection of the documents from the relevant sheriff and the Family Advocate.
8. I/we confirm that I/we will attend court to apply for a trial date for the hearing of the divorce and I /we do not require the presence of Aldi Writes Attorneys at the hearing of the matter;
9. I/We will obtain the divorce decree from court after the divorce decree has been granted. It will not be expected from Aldi Writes Attorneys to obtain the divorce decree on my/our behalf.
10. In view of the above, it is clearly understood that Aldi Writes Attorneys are only required to attend to the drafting of the tailormade Summons, Particulars of Claim, Settlement Agreement and/or Parenting Plan. No further action is required from Aldi Writes Attorneys;
11. The following packages are available for your tailormade documents:
11.1 Option 1 – R3000.00: Summons, Particulars of Claim and Settlement Agreement (this package is for parties with no children); or
11.2 Option 2 – R4500.00: Summons, Particulars of Claim, Settlement Agreement and Parenting Plan (this package is for parties with minor children);
12. In view of the above, you will have the choice to choose between Option 1 and Option 2.
13. As soon as we have received your chosen package. i.e. Option 1 or Option 2, with proof of payment, we will attend to the drafting of your chosen documents.
14. Together with the drafted documents, I/we will be provided with all other relevant documentation such as the Statics Form and referral form to the Family Advocate as well as a step-by-step guide of the process to be followed.
INFORMATION OF DIVORCE IN ORDER TO DRAFT SUMMONS, PARTICULARS OF CLAIM, SETTLEMENT AGREEMENT AND/OR PARENTING PLAN
1. PARTIES AND IDENTITY NR’S
1.1 Plaintiff Full Names:*
1.2 Plaintiff’s Identity:*
1.3 Plaintiff’s address at time of instituting the action:*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
1.4.1 Plaintiff’s contact number:*
1.4.2 Plaintiff’s Email:*
Enter Email Confirm Email
1.5 Plaintiff’s occupation:*
1.6 Plaintiff’s employment address:*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
1.7 Defendant Full Names:*
1.8 Defendant Identity:*
1.9 Defendant address at time of instituting the action:*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
1.10.1 Defendant contact number:*
1.10.2 Defendant Email:*
Enter Email Confirm Email
1.11 Defendant occupation:*
1.12 Defendant employment address:*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
1.13 Date of marriage:*
Date Format: YYYY slash MM slash DD
1.14 Town of marriage:*
1.15 Kindly provide copy of:
Marriage Certificate; and Antenuptial Contract, if any
Upload Marriage Certificate; and Antenuptial Contract, if any*
Drop files here or

Accepted file types: jpg, png, pdf.
1.16 Marriage Regime:*
- ICOP
- OCOP with Accrual
- OCOP
2. REASONS FOR DIVORCE (mark applicable options)*
- 2.1 The parties have lost their mutual love and respect for each other;
- 2.2 The Plaintiff/Defendant has lost all love for the Defendant/Plaintiff;
- 2.3 The parties are no longer able to communicate with each other constructively;
- 2.4 The Plaintiff and the Defendant have grown apart, they have different interests, and cannot communicate meaningfully;
- 2.5 The parties have not lived together as husband and wife since.
- 2.6 The Defendant/Plaintiff has committed adultery and the Plaintiff/Defendant finds it irreconcilable to continue with the marriage relationship;
- 2.7 Other: Please add reason below.
3. MINOR CHILDREN:*
3.1 Are there any minor children born from the marriage?
- Yes
- No
Provision has been made for 4 children below.
If you have more than 4 children, please provide their info below the "Childrens" section. (The same way as - Name, Identity Nr, Sex, Age)
3.2.1 First Child's name
3.2.2 First Child's Identity Nr.
3.2.3 First Child's sex
- Male
- Female
3.2.4 First Child's Age
Please enter a number from 0 to 21.
3.3.1 Second Child's name
3.3.2 Second Child's Identity Nr.
3.3.3 Second Child's sex
- Male
- Female
3.3.2 Second Child's Age
Please enter a number from 0 to 21.
3.4.1 Third Child's name
3.4.2 Third Child's Identity Nr.
3.4.3 Third Child's sex
- Male
- Female
3.4.4 Third Child's Age
Please enter a number from 0 to 21.
3.5.1 Fourth Child's name
3.5.2 Fourth Child's Identity Nr.
3.5.3 Fourth Child's sex
- Male
- Female
3.5.4 Fourth Child's Age
Please enter a number from 0 to 21.
If you have more than 4 children:
Please provide their info the same way as - Name, Identity Nr, Sex and Age
3.2 What is the maintenance arrangement with regards to the minor children?
MOM & DAD'S EXPENSES (In Rand value for each item)
MOM EXPENSES - Rent/Bond
MOM EXPENSES - Water & Electricity
MOM EXPENSES - Rates & Taxes
MOM EXPENSES - Groceries
MOM EXPENSES - School Fees
MOM EXPENSES - Extra Mural Activities
MOM EXPENSES - Medical Expenses/Aid
MOM EXPENSES - TOTAL
DAD EXPENSES - Rent/Bond
DAD EXPENSES - Water & Electricity
DAD EXPENSES - Rates & Taxes
DAD EXPENSES - Groceries
DAD EXPENSES - School Fees
DAD EXPENSES - Extra Mural Activities
DAD EXPENSES - Medical Expenses/Aid
DAD EXPENSES - TOTAL
3.3 Did the parents agree where the children’s primary residence will be:*
- Yes
- No
3.4 Will the children’s primary residence be with the:*
- Plaintiff
- Defendant
- Plaintiff and Defendant (Shared Residency)
3.5 How will the children visit the other parent?*
- Every Second Weekend from Friday 17:00 to Sunday 17:00
- Every Second Weekend from Thursday 17:00 to Sunday 17:00
- Every Wednesday from 17:00 -20:00
- The week the children are with the other parent, the children will visit the non-residential parent for that week on a Wednesday from 17:00-20:00
- Other arrangements: (Please indicate below)
3.5.1 If Other, please indicate here:
How will the children visit the other parent?
4. SETTLEMENT
4.1 What is the settlement arrangement between the parties?:
Client*
First Last
Date*
Date Format: YYYY slash MM slash DD
Client*
First Last
Date*
Date Format: YYYY slash MM slash DD

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