Substituted Service

Substituted Service

This is allowed if it is thought that the other Spouse lives in the Republic of South Africa. If it is not known in which area they reside then the Application for Edictal Citation would be combined with that of Substituted Service.

This type of Application should be made before issuing the Summons which launches the Divorce Action.

If the Spouse is missing then the Court must be shown in the Application that every step has been taken that is possible to locate the missing Spouse; indication must also be made that Substituted Service is probably the only method of Service that might be effective in reaching the attention of the missing Spouse.

It is at the Court’s discretion to indicate which manner of Service the Court would deem appropriate in such cases. It could rule that publication in a newspaper, or Service on members of the absent Spouse’s family or friends maybe effective: it could, in some cases, even sanction Service by fax or email. Whatever the Court’s ruling will be dependent upon the facts presented to it in the Application.

Lastly, the Court will also decide upon the time period in which the Notice of Intention to Defend, or the Notice of Opposition, should be filed. The Notice of Motion will contain provision for such response.