Pleadings

AND WHEREAS the parties are desirous to settle the matter

NOW THEREFORE THE PARTIES HAVE AGREED AS FOLLOWS:

1. Divorce Proceedings
The plaintiff will proceed to obtain a divorce order on an undefended basis.
2. Division of the joint estate
The defendant will pay the plaintiff an amount of R500 000 on 20 March 2000 in settlement of her claim for division of the joint estate.

3. 
   Care and Control
   

1. 
   Care and control of the minor children will be awarded to plaintiff subject to defendant’s right of reasonable access.
   

(b) Such right of reasonable access will entail that the defendant may take the children with him every alternative weekend and one long and one short holiday per year on condition that such access is exercised in such a manner that it does not interfere with the scholastic and religious activities of the minor children.

3. 
   Maintenance
   

(a) Defendant will pay maintenance in an amount of R1 000 per month per minor child and will also pay all reasonable medical, dental and related expenditures of the minor children.

(b) The defendant will buy the minor children complete summer and winter school uniform at the beginning of each school year including any sport year that the children may need or scholastic purpose.

(c) The maintenance amount will escalate automatically at a rate of 10% per year.

3. 
   Contribution towards costs
   

The defendant will contribute an amount of R5 000 towards plaintiff’s legal costs

3. 
   Entire Agreement
   

This agreement constitutes the whole of the agreement between the parties and after signing hereof the parties will have no further claims against each other save as mentioned herein.

This provision does not interfere with the plaintiff’s right to approach the court at any stage for purpose of increasing the maintenance payable in respect of the minor children.

SIGNED at PRETORIA on this ____________ day of _____________

AS WITNESSES: __________________

__________________

___________________

BETTY BUTCHER

(PLAINTIFF)

SIGNED at PRETORIA on this ____________ day of _____________

AS WITNESSES: __________________

__________________

___________________

BILLY BUTCHER

(DEFENDANT)

EXAMPLE 59
IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

CASE NR:
In the matter between:
BETTY BUTCHER PLAINTIFF
and
BILLY BUTCHER DEFENDANT

_____________________________________________________________________________

NOTICE IN TERMS OF RULE 35(1), (8) AND (10)

_____________________________________________________________________________

KINDLY TAKE NOTICE THAT:
1. Plaintiff requires of Defendant that he discovers under oath, within 20 (TWENTY) days after delivery of this notice all documents and/or tape recordings that are relevant to an issue in dispute, whether it arose between the parties or not, and which is or was in his possession or under his control.

2. Plaintiff requires particulars from Defendant in terms of Rule 35(8), of dates and parties to documents and/or tape recordings that Defendant is desirous to use, which notice must be delivered to Plaintiff at least 15 (FIFTEEN) days prior to the trial date.

3. Plaintiff informs Defendant in terms of Rule 35(1) to have the documents discovered as such, at least 10 (TEN) days prior to the trial.
SIGNED AT PRETORIA ON THIS THE _____ DAY OF JANUARY 2000.
______________________________

JOHANNES VOET

ATTORNEYS FOR PLAINTIFF

431 KIRKNESS STREET

SUNNYSIDE

PRETORIA
TO: THE REGISTRAR OF THE HIGH COURT

PRETORIA
AND TO: GAIUS VAN WYK

ATTORNEYS FOR DEFENDANT

10 KIRKNESS STREET

SUNNYSIDE

PRETORIA

(REF: G VAN WYK)

Received copy hereof on this the

____ day of JANUARY 2000.

_________________________________

ATTORNEYS FOR DEFENDANT

EXAMPLE 60
IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

CASE NO:
In the matter between:
BETTY BUTCHER PLAINTIFF
and
BILLY BUTCHER DEFENDANT

____________________________________________________________________________

NOTICE IN TERMS OF RULE 37(1)(a)

____________________________________________________________________________

KINDLY TAKE NOTICE that Plaintiff's Attorney herewith requires that Defendant or his Attorney attend a conference at a mutually suitable time and place, with the purpose of agreeing on manners to shorten the trial and more specifically in regard to as many as possible of the following:

1. Admission of facts and documents;

2. Conduct of inspections and examinations;

3. Discovery;

4. Exchange of expert reports;

5. Furnishing of further particulars for trial;

6. Exchange, inspection and communication of plans, photographs, drawings, models and plans that will be used at the trial;

7. Consolidation of trials;

8. Quantum of damages;

9. Preparation and presentation at trial of copies of correspondence and pleadings in a paginated file;

10. Locus standi;

11. Any other matters that may serve to shorten the trial.

SIGNED AT PRETORIA AT THIS THE ____ DAY OF JANUARY 2000,.
______________________________

JOHANNES VOET

ATTORNEYS FOR PLAINTIFF

431 KIRKNESS STREET

SUNNYSIDE

PRETORIA
TO: TO THE REGISTRAR OF

THE SUPREME COURT
AND

TO: GAIUS VAN WYK

ATTORNEYS FOR DEFENDANT

10 KIRKNESS STREET

SUNNYSIDE

PRETORIA
Received copy hereof on this the

_____ day of JANUARY 2000.
_________________________________

ATTORNEYS FOR DEFENDANT

EXAMPLE 61
IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

CASE NO. 50/2000
In the matter between
BETTY BUTCHER APPLICANT
and
BILLY BUTCHER RESPONDENT
___________________________________________________________________________

NOTICE IN TERMS OF RULE 43

___________________________________________________________________________
TO: The abovementioned Respondent
TAKE NOTICE THAT if you intend to defend this claim you must file your reply with the Registrar of the Court within 10(days), and therein you must furnish an address for service as indicated by Rule 6(5) and that you must serve a copy thereof on the applicant’s attorneys. If you fail to do so, you will automatically be barred from defending the matter and judgement as requested can be granted against you.
In your reply you must indicate which allegations in the Applicant’s affidavit you admit or deny, and you must set out your defence concisely.
Kindly enrol the matter accordingly.