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Divorce file missing at High Court JhbDivorce file missing at High Court Jhb

Notary »Posted 4 Nov 2019 Post Answer

legal question I was divorced on 16 August 2019 at the High Court in Jhb. My lawyer told me that it should take about 2 weeks to receive my divorce decree and settlement papers. After numerous calls to my lawyer (the account is fully paid) he said the file is lost and is not advising me on the way forward. I went to the High Court myself and, although the case is on the computer, the paperwork is missing. I have a friend who is trying to help locate the file so I can go ahead and apply for my portion of the pension payout from 2 insurance companies. These companies cannot proceed without the notarised settlement agreement. My friend also told me that the file can’t just be re-printed and stamped as it has been notarised. What are my options? What if the file is never found? What can I legally do to get the file?

legal answer from lawyer E00312005Firstly, obtaining the decree and settlement agreement is not a lengthy process, but definitely a difficult one, and you would need the assistance of a lawyer to assist you in locating the file as experience in locating lost files might expedite the process.
Secondly, notaries are mandated to keep copies of their authenticated documentation in their protocol. Therefore, in the event that your newly appointed attorney does not find the file, she/he can start engagements with your notary to see what steps can be taken to reproduce the authenticated document.



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Divorce file missing at High Court JhbDivorce file missing at High Court Jhb

Notary »Posted 5 Nov 2019 Post Answer

legal question Thank you so much.

legal answer from lawyer E00312005Let me know if you would require any assistance in this. We would be happy to assist.



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Divorce file missing at High Court JhbDivorce file missing at High Court Jhb

Notary »Posted 12 Nov 2019 Post Answer

legal question Will do. I've passed on the info and they will look into it and get back to me. I'll get in touch if things don't go smoothly


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