1. How do you file for a divorce?

To file for a divorce you have to start with a divorce petition. The petition has to be written by one spouse, known as the petitioner and served on the other spouse. It does not matter where the marriage occurred, the petition will be filed in a state court where one of the spouses resides. The petition has to have all the information in regarding the marriage, such as, the names of the husband, wife, children, and it also has to include child custody, separate property and community property.

  1. What are the final steps of a divorce?

Each spouse is required to disclose all information regarding their assests, income, expenses and liabilities. If both spouses can agree on the terms of the divorce and the divorce is uncontested there will only be little paperwork to file. The divorce will be final once the court enters the judgement. The marriage is not formally dissolved until the end of the state’s waiting period and the spouses cannot remarry until this time. If the spouses cannot agree on anything, there will be court hearing or even a trial.

  1. How long does the divorce process take?

An uncontested divorce can be finalized in 4 weeks,  if the divorce is contested it can take up to 3 years, but spouses usually settle long before they go on trial. If you are looking for a laywer for any type of case, contact Munro Flowers Vermaak today to assist you.

4. How long do I have to file a claim?

Road Accident Fund: generally, you have 3 years to lodge a claim with the Road Accident Fund in the case of an identified vehicle. You, thereafter, have 2 years in which to issue a summons. In respect of minors who sustain injuries from a motor vehicle collision, this 3 year period begins when they reach the age of majority (18 years of age).

If the vehicle is unidentified (ie. A hit and run case) you have two years from the date of the collision to lodge your claim, this time period also applies to minors. You thereafter have 3 years in which to issue a summons.
In both instances, you have a total of 5 years to issue a summons from the date of the collision.

Medical Negligence: Summons must be issued against the medical practitioner/medical institution responsible for the negligent conduct within 3 years from the date of reasonably acquiring the knowledge that the treatment was negligent or wrong. A minor child has up to 1 year after turning 18 to institute legal proceedings but for the purpose of investigation and obtaining the necessary records and evidence the earlier you approach attorneys, the better.

5. How much time does a medical negligence case take?

Your claim can take anywhere between two to six years depending on the complexity of the matter, and how vigorously the matter is defended.

6. How quickly should I contact an attorney if I suspect negligence?

As soon as practically possible after you become aware of the suspected negligence.

7. Can I switch attorneys if I have already instituted a claim through other attorneys?

Yes, but you need to be aware that you will be required to pay the fees and disbursements incurred by your previous attorney before they will make your files available to your new attorney.

9. Can I institute a claim with MFV if I am living outside of Johannesburg?

Yes, MFV prosecutes cases country-wide.

10. Can I institute a claim on behalf of another family member?

You may enquire about a case on behalf of another family member, however if the injured person is over 18 years of age, only the person directly affected may institute action for damages. A parent may however institute an action on behalf of their minor child.

11. Do I have to pay tax on my compensation?

You do not have to pay tax on your compensation, but you do have to pay tax on interest earned on any investment of such compensation.