What Happens If A Spouse Refuses To Attend A Pre-Trial Conference For A Divorce?
If the divorce is contested, the court will require the parties to attend a pre-trial conference in order to try to resolve any disputes and to identify the issues in dispute before the final trial.
If a spouse refuses to attend a pre-trial conference for a divorce, the next legal proceeding is to apply to the court for a Rule 43 Order. A Rule 43 Order is a court order that directs a party to attend a pre-trial conference, and if the party fails to attend, the court may make an order against them.
The court may also consider other options, such as proceeding with the divorce in absentia (without the presence of the other spouse) or adjourning the pre-trial conference to a later date.
If the other spouse continues to refuse to attend the pre-trial conference or further court proceedings, the court may make an order against them for non-compliance, which can include costs, fines or even imprisonment. A default judgment may also be granted against the non-compliant spouse.
Consult Julies Attorneys’ divorce lawyers in Johannesburg for legal advice on the specific circumstances of your case.
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