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Question
Posted by: Anon | 2010/05/21

SETDOWN FOR HEARING: 02/08/2010

Hi. I am the defendant. My hearing has been set down for the 02/08/2010. I have mixed emotions.
What can I expect? What is the procedure. I don''''t have legal representation at this stage.
Filed at family court.

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Our expert says:
Expert ImageFamily law expert

You did not state if the Plaintiff has legal representation. The procedure in court is shortly as follows. The Plaintiff will be given the opportunity to state his case under oath by giving evidence. You as the Defendant will be given the opportunity to cross examine the Plaintiff on the evidence that he has given and the process rehearse itself after the Plaintiff closes his case, i.e you will give evidence and be cross-examined by the Plaintiff. It is important that you will need to prove certain aspects. With regard to Children, that the Plaintiff can afford the maintenance that you claim etc. Further, in the event that you are married in community of property the court will at the end of the hearing order the division of the joint estate and if you can't agree on the split of the assests will in all probability appoint a receiver who will then divide the assets.

Bertus Preller
www.divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: family law expert | 2010/05/22

You did not state if the Plaintiff has legal representation. The procedure in court is shortly as follows. The Plaintiff will be given the opportunity to state his case under oath by giving evidence. You as the Defendant will be given the opportunity to cross examine the Plaintiff on the evidence that he has given and the process rehearse itself after the Plaintiff closes his case, i.e you will give evidence and be cross-examined by the Plaintiff. It is important that you will need to prove certain aspects. With regard to Children, that the Plaintiff can afford the maintenance that you claim etc. Further, in the event that you are married in community of property the court will at the end of the hearing order the division of the joint estate and if you can't agree on the split of the assests will in all probability appoint a receiver who will then divide the assets.

Bertus Preller
www.divorceattorney.co.za

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