How to Sign Divorce Papers

This article aims to guide you through the 3rd Step of the uncontested divorce process: signing the divorce papers.

AN UNCONTESTED DIVORCE WITHOUT CHILDREN

In an attorney-assisted uncontested divorce, the following documents must be signed by both parties if there are no minor children involved:

• The Settlement Agreement (sometimes also referred to as a “Consent Paper” or a “Deed of Settlement”).

AN UNCONTESTED DIVORCE WITH CHILDREN

If there are minor children involved, the following documents must be signed by both parties:

• The Parenting Plan
• The Settlement Agreement (sometimes also referred to as “Consent Paper” or a “Deed of Settlement”)

The Plaintiff, (the spouse who has started the divorce proceedings), will also have to sign an affidavit called “Annexure A” in front of a Commissioner of Oaths.

What is an “Annexure A” affidavit?
This document sets out the parties’ personal details, their employment details, income and expenses, as well as personal details and information regarding the minor children, their schooling at the time of divorce and after, as well as care, contact and financial arrangement that the parties have made in respect of their minor children, etc. 

INTERNATIONAL DIVORCE

If the Defendant resides overseas then in addition to the divorce papers mentioned above, each party will also have to sign an affidavit in support of the application for edictal citation by way of substituted service.  Click here to find out more about our international divorce service.

How to Sign Divorce Papers?

PARENTING PLAN

• Both parties and their 4 witnesses (2 witnesses per spouse) must sign in full at the end of the parenting plan, where indicated on the document.
• Both parties and their 4 witnesses (2 witnesses per spouse) must initial every page, lower right hand corner. *

SETTLEMENT AGREEMENT

• Both parties and their 4 witnesses (2 witnesses per spouse) must sign in full at the end of the settlement agreement, where indicated on the document.
• Both parties and their 4 witnesses (2 witnesses per spouse) must initial every page, lower right hand corner. *

ANNEXURE A / AFFIDAVIT:

• The relevant party and Commissioner of Oaths must sign in full at the end of the affidavit, where indicated on the document.
• Both the Commissioner of Oaths and Plaintiff must initial every page, lower right hand corner. *
• The Commissioner of Oaths must also add his/her stamp and write the date and his/her details, where indicated on the document.

How to Sign Divorce Papers Abroad?

If a party is not in South Africa when signing the divorce papers, he/she must arrange to sign the divorce papers in front of a Notary Public. In addition to the signing requirements above, the Notary Public will have to initial every page* and sign in full at the end of the document. The Notary Public must add his/her stamp, details and the date.

What is a Notary Public?
A Notary Public, also sometimes referred to as a “Notary”, is an attorney who has written an additional professional examination and has also been admitted as a Notary Public. He/she can witness and authenticate certain documents, administer oaths and take affidavits. He/she can also endorse documents to be used abroad.

*It is not a requirement for a person to initial a page on which he/she signs in full. If, however, there is an initial and signature of the same person on a page, it will not be wrong. To avoid unnecessary confusion, our usual instructions are that every page must be initialed.

Which Colour Pen Should Be Used?

The documents should be printed on white paper and signed with a black ink pen.

More Information:

Download your free copy of What You Should Know Before Filing for Divorce for quick answers in plain language.

Nazli Williams, attorney at iedivorce , director at Patton Williams Attorneys and co-author of What You Should Know Before Filing for Divorce (2020 edition) is an admitted attorney of the High Court of South Africa, specialising in Divorce and Family Law matters. Her fields of interest include Divorce Law, Family Law and International Divorce Law. Her vision is to demystify Family Law processes, helping good people in plain language and with great technology, to achieve remarkable results.