Are you able to rescind a divorce in high court and defile in magistrate’s court
I have filed for divorce in the high court and my future ex will not sign the agreement unless I do it on the magistrates court. My ex is threatening to draw the high court case out if I do t file for the divorce in the magistrates court. Our divorce has been set down for November next year and we have already been seperated for two and a half years. I am at my wits end. He keeps taking me to family court to try and prove me as a bad mother which is not true and he has not succeeded. He keeps taking our son to social workers because he is not getting the answers he wants.
In South Africa, divorce can only be granted by a High Court or the Regional Magistrate’s Court. The spouse who wants a divorce initiates the proceedings at any of the court. Because your divorce is proper before the court(“jurisdiction”) and you are the party that initiated it (“dominus litis”), he has no power to remove it from the court roll without appearing before a Judge to advance reason as to why.
You did not indicate the age of your son and on whose custody he is. If he is a minor, I must believe that a family Advocate was appointed. When you say “agreement”, do you mean settlement agreement? If so, do not bother. The court will take all factors into account and make a just and equitable order.
It is not clear from your question the grounds with which he drags you to the family court. Be it as it may, nothing stops you from approaching the maintenance court. Thank you.