Dumisani and Letty Matakana were married at Pretoria on 3 March…

Question Answered step-by-step Dumisani and Letty Matakana were married at Pretoria on 3 March… Dumisani and Letty Matakana were married at Pretoria on 3 March 1987 in community of property. Two children were born out of the marriage: Parsons Matakana aged 20 years and Agnes Matakana aged 15 years. Parsons is employed as a motor mechanic at Hotspot Motor Repairs, Grosvenor Road, Pretoria. Agnes is a Grade 8 learner at Pretoria Girls High School. She is a gifted young musician and her parents prefer that she attends this private school where music is offered as a subject. Letty is a school teacher and Dumisani owns a chain of shoe repair and key-cutting shops. Letty and Agnes stays at 111 Smile Street,Pretoria North where the common home used to be. Dumisani moved to a sectional title unit in the Willows in Pretoria East on 31 January 2012. Parsons shares a flat with two friends close to his place of work. The parties inform you that they have drifted apart and have been living separate lives since Dumisani moved out. They lost a baby girl that died from cot death syndrome in 2005 and each of them coped in their own way. They attempted counseling for an extended period but without success. Dumisani has now met someone special in his life and would like to start divorce proceedings. Letty also thinks it is better to finalize matters and not leave everything hanging in the air. Since they split up Dumisani has been assisting Letty financially to maintain the household and Agnes. He also pays for their medical expenses. They agreed that he would continue to pay for Letty’s medical expenses for another year but she will thereafter have no further claim for maintenance for herself. They have already divided their assets equally and suggest that each of them keep the items, furniture and funds currently in their possession. As both the house and sectional title units have been paid off, they agreed that they each register the property that they currently live in, in their own names after the divorce. Dumisani also undertook to buy Letty a new family car as hers is 8 years old and he does not want to worry about their safety when they are travelling. Parsons earns a good salary and has a medical aid, he is not dependent on his parents. They instruct you to assist them with the divorce. They also indicate that they would like to formalize this informal agreement between them to avoid future disputes. It is agreed that Dumisani will attend the court proceedings.What you are required to do: QUESTION 1N.B please refer to example 1 and answer question one in the same mannner as the example 1. DRAFT THE PARTICULAS OF CLAIM QUESTION 22. Which documents will you attach to the divorce summons?  EXAMPLE1  FOR QUESTION 1The plaintiff is JACK GLASS, a major male businessman who owns a micro-brewery by the name of Cartel Brewery, situated at, 6 Elrich Street willows, Bloemfontein and residing at 18 Gottig Street, Universitas, Bloemfontein. The defendant is BELINDA GLASS (born Grootboom), a major female medical technologist at Hydromed Hospital, 12 Kelllner Street, Westdene, Bloemfontein and residing at 18 Paul Kruger Street, Universitas, Bloemfontein. This Honourable Court has jurisdiction in terms of Section 2(1)(a) of the Divorce Act 70 of 1979 in that both parties are domiciled within the area of jurisdiction of this Honourable Court. 4. The parties were married to each other at Welkom out of community of property with exclusion of the accrual system on 08 May 2001 and this marriage still subsists. 5. 5.1 There are two children born of the marriage between the parties, the oldest is a major, has completed formal schooling and is in her second year of her tertiary studies and lives independent of the parties. The youngest child, namely Peter, a boy who is 13 years old born on 12/08/2008and is still doing grade 9 in High School and remains dependant of the parties for maintenance. 5.2 It will be in the best interest of the minor child if – 5.2.1 Both parties retain full parental responsibilities and rights with regard to the guardianship of the child.  5.2.2 Both the plaintiff and defendant retain full parental responsibilities and rights with regard to the care of the child. 5.2.3 The primary residence of the child shall be with the plaintiff. 5.2.4 Specific parental responsibilities and rights with regard to the contact with the children are awarded to the defendant. 5.2.5 The defendant be ordered to contribute an amount of R 5000,00 per month towards the maintenance of Peter.  5.3 The affidavit in terms of Regulation 2 of the Regulations to the Mediation in Certain Divorce Matters Act No, 24 of 1987, is attached hereto marked Annexure “A”.  The marriage relationship between the parties has irretrievably broken down and there is no reasonable prospect of the restoration of a normal marriage relationship between them for the following reasons: The defendant committed adultery and that the plaintiff finds it irreconcilable with a continued marriage relationship. Consequent to the defendant`s infidelity, the parties have grown apart from each other and have developed differing interests. The parties seldom have constructive conversations besides the normal conversations about household matters and have been sleeping in different bedrooms for more than a year and a half. The parties have not lived together as husband and wife continuously for more than a year and a half before the proceedings. WHEREFORE PLAINTIFF CLAIMS: A decree of divorce. An order that: Both parties retain full parental responsibilities and rights with regard to the guardianship of the children. The plaintiff retains full parental responsibilities and rights with regard to the care of the children. The primary residence of the children shall be with the plaintiff. Specific parental responsibilities and rights with regard to the contact with the children is awarded to the defendant as follows: Two weekends per month from Friday at 17:00 until Sunday at 17:00 and every other school holiday. One short and one long school holiday per year with Christmas rotating between the parties. Maintenance for the minor child in the amount of R 5000,00 per month. The children to remain registered on the defendant`s medical aid scheme. The defendant is a member of a medical aid scheme and that the children are members of her medical aid scheme and that the plaintiff does not have such a scheme available and as such, the defendant has agreed and can afford to retain the children as beneficiaries on her medical aid scheme. Costs of suit. Further and or alternative relief. SIGNED at BLOEMFONTEIN on this 13th DAY of OCTOBER 2021 ___________________________      NJABULO NGWENYA     Counsel for the plaintiff ____________________________ NJABULAW ATTORNEYS INC Attorneys for the Plaintiff 12 Jim Fouche Street, UniversitasBLOEMFONTEIN Tel: (051) 626 4307 Ref: T Maziya/J Swanepoel   Social Science Law LAW 112 Share QuestionEmailCopy link Comments (0)