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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Complete pleadings in divorce matters 
SAQA US ID UNIT STANDARD TITLE
123224  Complete pleadings in divorce matters 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard will enable court based learners to gain the knowledge and skills they need to assist court users to complete accurate and coherent court documents for divorce matters, strengthen the divorce system in South Africa and contribute to trust in the rule of law and the processing of family law disputes.

Learners credited with this unit standard will be able to:
  • Draw up and issue summons to commence divorce proceedings.
  • Draw up notices of intention to defend, plea and counter claim, plea to counter claim and consent papers.
  • Draft notices of motion and affidavits in divorce variation proceedings.
  • Draft Rule 32 applications. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4.
    Mathematical literacy skills NQF Level 4. 

    UNIT STANDARD RANGE 
    Pleadings to be covered in this unit standard are specified in the outcomes and assessment criteria. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Draw up and issue summons to commence divorce proceedings. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The formal structure of a summons is analysed in the context of divorce matters. 

    ASSESSMENT CRITERION 2 
    The face of the summons is examined in the context of its legal purpose. 

    ASSESSMENT CRITERION 3 
    Grounds for divorce are distinguished in the context of the summons. 

    ASSESSMENT CRITERION 4 
    Prayers in particulars of claim are prepared in a given case study. 

    ASSESSMENT CRITERION 5 
    Summons and particulars of claim are drafted in a given case study. 

    ASSESSMENT CRITERION 6 
    The method of issuing a summons is demonstrated in a given case study. 

    SPECIFIC OUTCOME 2 
    Draw up notices of intention to defend, plea and counter claim, plea to counter claim and consent papers. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A notice of intention to defend is drafted in the context of divorce matters. 

    ASSESSMENT CRITERION 2 
    The legal structure of pleadings is analysed in the context of divorce matters. 
    ASSESSMENT CRITERION RANGE 
    Pleadings must include a plea and counter claim, a plea to counter claim and a consent paper.
     

    ASSESSMENT CRITERION 3 
    Pleadings are drawn up in a given case study. 
    ASSESSMENT CRITERION RANGE 
    Pleadings must include a plea and counter claim, a plea to counter claim and a consent paper.
     

    ASSESSMENT CRITERION 4 
    The procedural steps necessary to ensure that pleadings are filed are explained in order to inform court users. 

    SPECIFIC OUTCOME 3 
    Draft notices of motion and affidavits in divorce variation proceedings. 
    OUTCOME RANGE 
    Divorce variation proceedings to include those contemplated by Rule 39 of the rules of the Administration Amendment Act no 9 of 1929. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Grounds for variation of orders are explained in the context of divorce. 

    ASSESSMENT CRITERION 2 
    Notices of motion specifying variations to divorce orders are drafted in a given case study. 

    ASSESSMENT CRITERION 3 
    Affidavits are drawn up to support notices of motion in the context of a given case study. 

    ASSESSMENT CRITERION 4 
    Procedural steps to formalise applications for the variation of divorce orders are applied in a given case study. 

    SPECIFIC OUTCOME 4 
    Draft Rule 32 applications. 
    OUTCOME RANGE 
    Rule 32 applications must cover interim maintenance, interim custody, access to children and contributions to costs. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The nature and structure of Rule 32 applications is analysed in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Necessary interim arrangements in divorce matters are identified in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Applications and affidavits for Rule 32 matters are drawn up in the context of a given case study. 

    ASSESSMENT CRITERION 4 
    Procedural steps to formalise Rule 32 orders are utilised in the context of a given case study. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The knowledge base to draft divorce summons.
  • The knowledge base to draft notices of intention to defend, plea and counter claim, plea to counter claim and consent papers.
  • Methods to draft notices of motion and affidavits to vary divorce orders.
  • Methods to draft Rule 32 applications. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to analyse factual divorce problems and to identify legal courses of action. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to understand the divorce legal processes and to facilitate the efficient filing and administration of divorce documents. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to identify information and to understand the practical implications of this on the divorce matter. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to communicate legal concepts, principles and rules of divorce to court users. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the divorce process and the role that divorce orders play in the broader family law system. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to improve their knowledge base of the operations of the divorce court ensuring an improved and accessible divorce court system in South Africa. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of divorce at a lower court level. 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.