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JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
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Good evening, I have left my ex in December 2009 after an

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Good evening,
I have left my ex in December 2009 after an extremely abusive marriage of which I obtained an interdict against him. I escaped from him and moved back down to Cape Town with my child where all my family resides. In February 2010 he started divorce proceedings in Durban. It took us until April 2013 to sign uncontested divorce papers due to my ex not co-operating with his lawyers and family advocates. We have signed divorce papers in April 2013 and up to date his lawyers have not set the divorce on the roll in court for an uncontested divorce. Every day my lawyer phones his lawyer to ask them what is going on and each and every day they have a new excuse. The excuse that they use mostly is that they are unable to contact their client. Today they started to hang up on my lawyer every time she phones them. What legal means do I have to finalise a divorce as a defendent keeping in mind that consent papers were signed by both parties?

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

There is nothing to prevent your lawyer to place the matter on the court role. In my view she should get a notice of set down served on him by the Sherriff of the High Court and this will serve as sufficient notification of the trial. You should instruct her to file a notice of setdown immediately.

Please ask more if not clear....
Customer: replied 4 years ago.

My lawyer requested in writing that we do the setting down and they replied in writing that they want to do it. My lawyer says because they have not given there written consent she cannot set it down. Up to date the court date is still not forth coming.

Hi Jacqui

She should ask for permission from the general office. It is definitely in the best intent of either party or justice for this to be delayed and it really is irrelevant who sets the matter down.

The general office of the court in my view will grant such a request.
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