PARTICULARS OF CLAIM

1. The plaintiff is Joe Soap, ID no 7909015606085 an adult male businessperson

residing at 268 Circular Drive, Woodlands, Port Elizabeth.

2. The defendant is Jane Soap, ID no 8404030771079, an adult female banker,

residing at 12 Dunvegan Road, Kunene Park, Port Elizabeth, Eastern Cape.

3. The parties were married to each other on 03 March 2005 in Port Elizabeth, in of

community of property and the marriage still subsists.

4. The parties are domiciled within the area of jurisdiction of this honourable court.

5. From the marriage between the parties, two children were born, Joe Doe born on

18 March 2008 and Julia Doe born on 04 November 2010 (“The Children”).

6. The marriage relationship between the parties has broken down irretrievably and

there is no reasonable prospect of the restoration of a normal marriage

relationship between them for the following reasons:

6.1. The Defendant committed adultery with Mike Handler from about the year

2015 to the present;

6.2. The defendant has refused to take part in marriage counselling;

1
 6.3. The defendant has deserted the plaintiff and left the marital home;

6.4. There is no prospect of the defendant changing her mind.

7. The children are still minor and are presently in the plaintiff’s care.

7.1. It would be in the best interest of the children if plaintiff were awarded their

care.

7.2. The report of the family advocate is attached.

8. The plaintiff needs maintenance for the children at R5000 per month together

with:

8.1. One half of the costs of their education, including any tertiary education

should they elect to pursue it;

8.2. One half of any medical, hospital or dental expenses incurred by the plaintiff

in respect of the children;

9. The defendant would be unduly benefitted in relation to the plaintiff if an order for

in terms of section 2 of Act 88 of 1984 was made in the defendant’s favour

because:

2
 9.1. The cause of the breakdown of the marriage is the defendant’s substantial

misconduct as particularised on paragraph 6 above;

9.2. The plaintiff contributed to the accrual in the defendant’s estate in that plaintiff

assisted the defendant in his business by providing him administrative

assistance without payment and entertained his business clients;

9.3. The defendant did not contribute in any way to the accrual of the plaintiff’s

estate.

10. Because of the foregoing, it would be just and equitable that the defendant

forfeits his right to share in the accrual of the joint estate in favour of the plaintiff.

WHEREFORE plaintiff claims judgement against the defendant for:

a) A decree of divorce;

b) An order that the defendant forfeits the patrimonial benefits of the marriage in
favour of the plaintiff;

c) That custody of the minor is granted to the plaintiff;

d) An order directing the defendant to pay maintenance to the plaintiff in respect

of the minor as follows:
i. an amount of R5000 per month;
ii. One half of the costs of his education, including any tertiary education
he elects to pursue;
iii. One half of any medical, hospital or dental expenses incurred by the
plaintiff in respect of the minor child;

e) Costs of suit

3
Dated this day of at PORT ELIZABETH.

_______________________
B MVINJELWA
COUNSEL FOR PLAINTIFF

__________________________

ATTORNEYS FOR PLAINTIFF