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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1534
Experience:  BCom; LLB; Masters in Law
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I would like to filled a summons against my son and daughter

Customer Question

I would like to filled a summons against my son and daughter in law ( she now wants a divorce ) I have assisted then the last 5 years with R5000 to meet ends and always dep. an amount of R70000 as a dep.on their house 10 years ago
can I do this or not
Submitted: 8 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 8 months ago.

Hi there,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Do I understand you correctly that you want to divorce your son and daughter-in-law, ie. that you want to separate yourself from them, or that you want to start a divorce on your son's behalf against his wife?

Awaiting your further information.



Customer: replied 8 months ago.
No I want to divorce them My sons wife is filing a divorce against him and to help him otherwise she gets all the benefit from what i have done for them
Expert:  CaseLaw replied 8 months ago.

You can't divorce your son and daughter-in-law.

It is their marriage, so only they can get divorced.

If your son's wife is filing for a divorce against your son, then he must defend the divorce and tell the court how the assets must be shared. This depends on whether they are married in community or property, or out of community of property, or out of community of property with the accrual. You can read up more here.

If you gave your son R5000 to assist him make ends meet, you'll probably never see that money again.

If you gave your son R70,000 as a deposit for their house, then you must claim that it was a loan. That means that the R70,000 is a debt in your son's name, and that will be shared by his wife! That's good for you and will reduce what his wife gets from the marriage.

I suggest that you tell your son to speak to a divorce attorney to assist in defending the divorce, and to represent his interests in court. I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at

Your question was "Can you divorce your son and daughter-in-law" and my answer is "no". But I've explained what you can do instead!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Expert:  CaseLaw replied 8 months ago.

Hi there again,

I see that you've NOT yet read my answer. Do you still need assistance?

If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.