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Question
Posted by: TB | 2010/06/11

How to speed up it up

Good Day

Its been over a year that the divorce summons was served and currently the matter is on the waiting trial list.

we where married in communty of property, so according to figures everything should be 50/50 and in accordance to the new childrens act, joint custody should be a default. But sadly my ex chose the spiteful and vindictive route and now everything is highly contested.

I really want to move on with my life and want this divorce over and done with so I took a loss and settled where ever I could but my ex is extremely unreasonable especially when it comes to our son. I know that any judge will fall down flat laughing when he reads her papers and what she is asking for.

Is there anyway or anything that I can do to speed up this process. Can I make some sort of urgent application or something ?.

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Our expert says:
Expert ImageFamily law expert

Unfortunately there is not much that you can do to speed up things and you will have to abide to the the speed of the wheels of justice, unless off course if you can settle the matter, but reading from what you were writing it seems that you have a very unreasonable person on the other side. What you can do possibly is to file an unconditional offer to settle in terms of the court rules on her or if she has an attorney on the attorney. In terms of Rule 34 of the Uniform Court Rules you may unconditionally make a written offer to settle. The Rule is a mighty weapon in a divorce action. The proper application of the Rule may serve to warn the other party that continued litigation could be risky in light of the fact that the existence of the offer or tender may be brought to the notice of court after judgement which can have the effect that your spouse will have to pay all the legal costs of the divorce.

Bertus Preller
Family Law Attorney
KWJ Inc.
info@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/06/19

Unfortunately there is not much that you can do to speed up things and you will have to abide to the the speed of the wheels of justice, unless off course if you can settle the matter, but reading from what you were writing it seems that you have a very unreasonable person on the other side. What you can do possibly is to file an unconditional offer to settle in terms of the court rules on her or if she has an attorney on the attorney. In terms of Rule 34 of the Uniform Court Rules you may unconditionally make a written offer to settle. The Rule is a mighty weapon in a divorce action. The proper application of the Rule may serve to warn the other party that continued litigation could be risky in light of the fact that the existence of the offer or tender may be brought to the notice of court after judgement which can have the effect that your spouse will have to pay all the legal costs of the divorce.

Bertus Preller
Family Law Attorney
KWJ Inc.
info@divorceattorney.co.za

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