Call our law offices on: 0211110090
Call our law offices on: 0211110090
Call our law offices on: 0211110090
Call our law offices on: 0211110090Failure to comply with a maintenance order First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal Continue Reading
Family Law Consultancy
We are a family legal consultancy and we deal with a range of legal matters that challenges our legal expertise in the most unique ways possible. Our specialized legal services include child maintenance, child custody, divorce and changing your matrimonial property regime. [caption id="attachment_4216" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] To top it off, we are situated in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and Burg Street, Western Cape, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Call our offices today and have your legal appointment booked online immediately.In Community of Property VS Out of Community of Property
First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can go about altering your matrimonial regime between you and your spouse. [caption id="attachment_4215" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] In turn, the parties involved must gain a clear understanding of why they’re changing their property regime and how this will impact their financial situation. It is therefore the duty of the legal expert to ensure that you are doing things legally correct.Are you married in community of property?
What is meant by this? Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks. [caption id="attachment_4223" align="alignleft" width="300"]
Email: [email protected][/caption] One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.Changing in Community of Property to out Community of property
You may want to consider changing your property regime to out of community of property. This means that you will have a greater sense of financial independence. This is also recommended if you are the stronger financial partner. This way, whatever debt incurred by your partner will not affect your financial circumstances. [caption id="attachment_4224" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption]Online professional legal advice…
Feel free to engage with us online on our website at www.ourlawyer.co.za and enjoy free, professional legal advice and guidance. Have a look at our diverse family law legal articles which is professionally composed by our top legal expert in family law. Our website is fairly user friendly and allows the layperson to browse through a range of topics and information they may find helpful. [caption id="attachment_4225" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] Our modern, online operation is highly efficient and convenient for the potential client and aims at making life easier for them. Should you be residing out of South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call for your convenience.Online legal services…
Should you see a legal service you require, you may call our offices. Our friendly receptionist is always willing to go the extra mile by setting up the legal appointment for you online. [caption id="attachment_4226" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] Being a family law legal consultancy, means that we operate by professional legal consultation which is done by appointment only. Previously it was mandatory for the layperson to have a consultation form printed, fill out details manually then have it scanned back to us. This is no longer the case.Online legal appointment to change your matrimonial property regime…
With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation. Call our offices today and have your legal appointment booked online immediately. [caption id="attachment_4236" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place. During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process. Call our offices today and have your legal appointment booked online immediately.
Family Law Consultancy We are a family legal consultancy and we deal with a range of legal matters that challenges our legal expertise in the most unique ways possible. Our specialized legal services include child maintenance, child custody, divorce and changing your matrimonial property regime. To top it off, we Continue Reading
Parental Child Abuse in Child Custody Matters
This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case.What are the common forms of child abuse?
Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent’s conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse.What happens in cases of child abuse?
Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent. However, what often happens, is that a parent would be granted supervised contact to his or her child. This is done to benefit both parent and child.What to do when your child is being abuse by the other parent?
There are various things you can do to protect your child who is being abused. Those include going to the police, obtaining a protection order, or limiting the other parent’s rights with an order of court.Should you approach the Domestic Violence Court?
As a parent, you may apply to the domestic violence court for a protection order on behalf of your child. This may be the best route to follow.What about Court Application limiting parental rights?
Should there be a court order in place, affording a parent parental responsibilities and rights, you can apply to vary it. This would be applicable when supervised contact would be in the minor children’s best interests. The court would listen to both sides, and make a decision.When should you consult with a lawyer?
Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have to be launchedSharing is Caring
This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Parental Child Abuse in Child Custody Matters This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding Continue Reading
Domestic Violence Questions and Answers
We introduced this Domestic Violence Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know whether you should proceed with an application for a protection order, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Domestic Violence, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we are a legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Domestic Violence.There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Domestic Violence. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.Articles and Q&A
There is a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law-related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.Downloadable resources
We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Domestic Violence. If not, feel free to arrange a consultation with us.Sharing is Caring
If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.
Domestic Violence Questions and Answers We introduced this Domestic Violence Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know whether you should proceed with an application for a protection order, pose a question with some background facts. Continue Reading
COMBINED SUMMONS
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO: /20__ In the matter between: JOHN LAWYER (Plaintiff) and JANE LAWYER (Defendant) __________________________________ TO THE SHERIFF/DEPUTY: INFORM JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape THAT JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto; INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-- within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
- thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;
INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her; INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing; And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon. DATED AT CAPE TOWN THIS DAY OF 202__. ……………………………………………………………… REGISTRAR OF THE HIGH COURT JOHN LAWYER _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000 To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN And to: JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN ____________________O0O___________________ PLAINTIFF’S PARTICULARS OF CLAIM
- The Plaintiff and the Defendant are as described on the face of the Summons.
- The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
- On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
- Kindly find attached a copy of their marriage certificate marked “A”.
- There are no minor children born from the marriage.
- Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
- There is no love and affection; and
- The Plaintiff no longer wish to be married to the Defendant.
WHEREFORE PLAINTIFF PRAYS FOR:- A Decree of Divorce;
- Equal Division of the Joint Estate;
- Costs, only in the event this action is defended; and
- Further and / or alternative relief.
DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021. I AM MY OWN LAYWYER _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000 To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN And to: JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN _____________________O0O___________________ 
- There is no love and affection; and
- The Plaintiff no longer wish to be married to the Defendant.
COMBINED SUMMONS IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO: /20__ In the matter between: JOHN LAWYER (Plaintiff) and JANE LAWYER (Defendant) __________________________________ TO THE SHERIFF/DEPUTY: INFORM JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to Continue Reading
Appeals and Reviews in South African Court – Advocate Muhammad Abduroaf
If you are considering appealing or reviewing a decision from a court in South Africa, it’s essential to understand the process and your options. In this context, you can approach an Advocate directly, especially one with a trust account, such as Advocate Muhammad Abduroaf. This allows you to streamline the appeal process since you won’t need to engage an instructing attorney.Advantages of Using a Trust Account Advocate:
Direct Engagement
You can instruct the advocate directly, which can simplify communication and potentially reduce costs.Trust Account
Payments for legal services are made into a trust account, ensuring that your funds are handled securely and transparently.Statement of Account
After the work is completed, you’ll receive a detailed statement, providing clarity on the services rendered and any fees incurred.Types of Appeals:
Advocate Muhammad Abduroaf specializes in various types of appeals, including but not limited to:Appeals from the Magistrate’s Court
Challenging decisions made in lower courts.Appeals from the Maintenance Court
Addressing issues related to maintenance orders.Appeals from the Criminal Court
Contesting convictions or sentences in criminal cases.Appeals from the Domestic Violence Court
Seeking changes to orders or decisions regarding domestic violence matters.Appeals from the various High Courts
Engaging in appeals that address higher court decisions.Appeals from Labour Courts
Handling disputes arising from employment and labour law matters. If you feel strongly about a court’s decision and wish to challenge it, engaging with Advocate Muhammad Abduroaf may be a viable option. You can discuss your specific situation directly with him to determine the best course of action for your appeal.
Appeals and Reviews in South African Court – Advocate Muhammad Abduroaf If you are considering appealing or reviewing a decision from a court in South Africa, it’s essential to understand the process and your options. In this context, you can approach an Advocate directly, especially one with a trust account, Continue Reading
38 Relocation with my minor child to Thailand, Pattaya (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Pattaya, Thailand If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages seven or eight) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Johannesburg or Ulundi, South Africa, and you want to relocate to Pattaya, Thailand, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Pattaya, Thailand? The same applies when it comes to your minor child applying for a South African passport to relocate to Thailand, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Pattaya, Thailand with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Pattaya, Thailand. What can I do if the other parent does not want to consent to the minor child’s relocation to Pattaya, Thailand? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Pattaya, Thailand, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Pattaya, Thailand. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Pattaya, Thailand, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Pattaya, Thailand? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Pattaya, Thailand – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Pattaya, Thailand, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Pattaya, Thailand If you require legal assistance or representation with relocating to Pattaya, Thailand due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
38 Relocation with my minor child to Thailand, Pattaya (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades Continue Reading
Relocation with my minor child to India, Delhi (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Delhi, India
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Queenstown or Virginia, South Africa, and you want to relocate to Delhi, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Delhi, India?
The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Delhi, India with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Delhi, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Delhi, India?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Delhi, India, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Delhi, India. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Delhi, India, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Delhi, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Delhi, India – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Delhi, India, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Delhi, India
If you require legal assistance or representation with relocating to Delhi, India due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to India, Delhi (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. Continue Reading
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
The Firm: Advocate Muhammad Abduroaf
Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
Consult with, or Instruct Advocate Muhammad Abduroaf
If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading
What are my rights as a Muslim Spouse in South Africa with regard to property and children? I want to divorce my spouse. Does South African Law protect my rights to property and children?
Muslim Marriages concluded in the traditional sense are not the same legally as a marriage concluded in terms of South African law. For example, in terms of the Marriage Act 25 of 1961. There have been cases dealing with this problem, a prominent one being Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022). However, despite a person being married in terms of Muslim Rites, you still have the protection of the South African laws. This article deals with your rights regarding property and minor children.What are my property Rights?
Parties married in terms of Muslim Rites are deemed to be married out of Community of Property without the accrual regime. Basically, what this means is that each party owns his or her own property during and after the marriage. There will be no automatic sharing of assets after the marriage unless there is another legal basis, therefore.Parental Rights (Child Custody/Guardianship)
There is no distinction between parents who were married in terms of Muslim Rites or South African Civil law when it comes to parental rights. However, if there is a dispute, the parents of a Muslim marriage will have to approach the Court after they divorce regarding custody and child maintenance. In a civil marriage, the divorce could deal with those issues.How do I approach the Court to enforce my parental rights for contact with my child?
If you are a parent to a child, you may approach the Children’s Court or the High Court for assistance regarding your rights to your child. It does not matter that you were married in terms of Muslim Rites.How do I approach the Court to claim child maintenance?
You may approach the Maintenance Court in the area where you work or reside to open a case for child maintenance. That would apply whether or not you are married in terms of Muslim Rites or not.
What are my rights as a Muslim Spouse in South Africa with regard to property and children? I want to divorce my spouse. Does South African Law protect my rights to property and children? Muslim Marriages concluded in the traditional sense are not the same legally as a marriage concluded Continue Reading