South Africa Law

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I have been trying for the past three months to obtain a…

Please help. i have...

Please help. i have been trying for the past three months to obtain a Divorce Decree Or Divorce certificate to use as evidence of my divorce in 2005. I have the case number ***** date of the divorce BUT the high court (where the divorce was processed) lost the original decree. They tracked down the file in their archives BUT it was empty. What to do next?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Do you mean ....what steps have I taken to obtain a copy of the divorce decree?

Lawyer's Assistant: Family law varies by state. What state are you in?

I am a South African citizen

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Answered in 1 day by:
5/14/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Customer reply replied 3 months ago
Thank you

Your only option is to contact either your ex and obtain a copy from him/her or otherwise from the attorney who assisted you with the divorce. The problem is that the attorney would most likely by now have destroyed his/her file as attorneys only keep records for 5 years.

The Court should also have electronic records and should be able to issue a re-issued divorce order from their electronic records.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 3 months ago
Where do I go to get an electronic record? The divorce was done at the High Court (N. Tvl)

As I mentioned, the Court should have an electronic record. Specifically for instances like this when the original hard copies are lost or misplaced.

So, you must apply to the Registrar of the Court where the order was issued.

Please remember to rate the answer positively.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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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).

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