South Africa Law
Ask a South Africa Law Question, Get an Answer ASAP!
HiWelcome to Just Answer!! Thank you for giving me the opportunity to assist you.
Has the summons been served on him as yet? How are you married?
the summons are not sent yet because he promised to sign the settlement papers and we are married in community of property.
As he is not within the same jurisdiction as you are, you will have to wait 20 days for him to file a notice to defend the matter. If the settlement agreement has been signed, it can take another month before it is finalised. Uncontested this can take two months, three months maximum.
However, if contested it can really take 2 and up to 5 years. If he does not want to settle he can really drag this process out and really give you the run around. It is therefore important you get him to sign a settlement agreement, otherwise you will be married for another while still.
It includes these days.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).