r/LegalAdviceZA

Need help checking Notice of Withdrawal for South African Regional Court divorce (Kuruman) – no lawyer, court not helping
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Need help checking Notice of Withdrawal for South African Regional Court divorce (Kuruman) – no lawyer, court not helping

Hi everyone,

I’m hoping someone with South African legal experience can help me sanity check a Notice of Withdrawal I’ve drafted for a Regional Court divorce matter.

I’m not in a position to afford a lawyer anymore after, and unfortunately I’ve reached a point where all the attorneys involved in the matter have withdrawn or are no longer responding. The court clerks have also been very limited in what guidance they can give me.

Background:

  • Divorce was initiated by me in the Kuruman Regional Court (South Africa) in 2023
  • There are two case numbers linked to the matter
  • I phoned the court and even they cannot clearly explain why there are two files, but advised that I should withdraw both
  • No maintenance orders were ever made
  • There was a Family Advocate recommendation that I have primary care of my child, with the father having visitation rights
  • The child is currently living with me and there is no longer a custody dispute
  • Both parties (myself and my ex) have now relocated to Johannesburg
  • We are both in agreement that the divorce should proceed uncontested in Johannesburg instead
  • The opposing attorney has confirmed they no longer act for my ex

What I’m trying to do:

I want to file a Notice of Withdrawal for both Kuruman case numbers so I can restart the uncontested divorce in Johannesburg where we now live.

My concern:

I’ve drafted a Notice of Withdrawal using templates I found online and adapted it to my situation, but I’m unsure if:

  • The wording is legally correct for South African Regional Court practice
  • It will be accepted by the court clerk
  • I’m missing any required phrasing or procedural steps
  • Withdrawing both case numbers could cause unintended issues

Because I can’t afford legal fees right now, I’m trying to do this correctly the first time to avoid delays or rejection. I am making use of a friend in that area to deliver my forms to the court as well.

If anyone has experience with SA family law / Regional Court procedure, I would really appreciate if you could check whether a Notice of Withdrawal in this situation is sufficient, or if there’s something I should be aware of before filing.

Picture has our details redacted for our privacy.

Thanks in advance.

u/moonpuffs_peach — 8 days ago