Family Legal Products

Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products:
Ante-nuptial ContractsR 2 100 – 00
Basic Will DraftingR 1 000 – 00
Email Legal Advice (per question)R 299 – 00
Family Trust RegistrationR 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00
For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts – which will cost you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you. Once an online appointment has been made for any of the above legal services, whether a telephonic or face to face (depending on client preference), a consultation will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert  – as well as the necessary service required. Unfortunately we will not be held responsible for any additional costs required outside the service we offer.

Business legal services

Are you a business owner or self-starting business enthusiast? For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:
  • Business Legal Support
  • Business Legislation Compliance
  • Drafting of Business Contacts
  • Drafting Employment Contacts
  • Business Legal Training
  • Private and Non Profit Company Registrations
  • Credit Profiles
  • Business Trusts Registration
For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

Family Trust Registrations

The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed. Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:
  • Understand why you are setting up the trust: think about the purpose of the trust.
  • What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
  • Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
  • Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
  • Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
  • Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
For more on our legal guidance regarding Trusts, see our Family Trust Registrations page. Bear in mind that a professional legal consultation is vital in understanding the factors at play when offering legal guidance for a Trust. The consultation fee will be deducted from the fixed cost of the Family Trust Registration with us – which comes to a total of R7 500 – 00.

Family Trust VS your Last Will and Testament

First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Connect with us!        

Family Legal Products

Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary.

We offer the following legal services which comes with an estimated cost for our legal products:

Ante-nuptial ContractsR 2 100 – 00
Basic Will DraftingR 1 000 – 00
Email Legal Advice (per question)R 299 – 00
Family Trust RegistrationR 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00

For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts – which will cost you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you.

Once an online appointment has been made for any of the above legal services, whether a telephonic or face to face (depending on client preference), a consultation will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert  – as well as the necessary service required. Unfortunately we will not be held responsible for any additional costs required outside the service we offer.

Business legal services

Are you a business owner or self-starting business enthusiast?

For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience.

Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert.

We offer the following business legal services:

  • Business Legal Support
  • Business Legislation Compliance
  • Drafting of Business Contacts
  • Drafting Employment Contacts
  • Business Legal Training
  • Private and Non Profit Company Registrations
  • Credit Profiles
  • Business Trusts Registration

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

Family Trust Registrations

The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed.

Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:

  • Understand why you are setting up the trust: think about the purpose of the trust.
  • What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
  • Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
  • Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
  • Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
  • Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.

For more on our legal guidance regarding Trusts, see our Family Trust Registrations page. Bear in mind that a professional legal consultation is vital in understanding the factors at play when offering legal guidance for a Trust. The consultation fee will be deducted from the fixed cost of the Family Trust Registration with us – which comes to a total of R7 500 – 00.

Family Trust VS your Last Will and Testament

First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly.

For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

Connect with us!

 

 

 

 

Related Post

[caption id="attachment_10793" align="alignnone" width="733"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation consent for minor child to Australia – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to Australia with my minor child. The other parent does not want my child to relocate to Australia. What can I do?

Australia is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Australia, if a minor child will be joining that parent and also relocating to Australia, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Australia. Before we do so, let us list the various cities and towns in Australia to which you may want to relocate: Canberra, New South Wales, Albury-Wodonga, Armidale, Ballina, Balranald, Batemans Bay, Bathurst, Bega, Bourke, Bowral, Broken Hill, Byron Bay, Camden, Campbelltown, Cobar, Coffs Harbour, Cooma, Coonabarabran, Coonamble, Cootamundra, Corowa, Cowra, Deniliquin, Dubbo, Forbes, Forster, Glen Innes, Gosford, Goulburn, Grafton, Griffith, Gundagai, Gunnedah, Hay, Inverell, Junee, Katoomba, Kempsey, Kiama, Kurri Kurri, Lake Cargelligo, Lismore, Lithgow, Maitland, Moree, Moruya, Murwillumbah, Muswellbrook, Nambucca Heads, Narrabri, Narrandera, Newcastle, Nowra-Bomaderry, Orange, Parkes, Parramatta, Penrith, Port Macquarie, Queanbeyan, Raymond Terrace, Richmond, Scone, Singleton, Sydney, Tamworth, Taree, Temora, Tenterfield, Tumut, Ulladulla, Wagga Wagga, Wauchope, Wellington, West Wyalong, Windsor, Wollongong, Wyong, Yass, Young, Northern Territory, Alice Springs, Anthony Lagoon, Darwin, Katherine, Tennant Creek, Queensland, Ayr, Beaudesert, Blackwater, Bowen, Brisbane, Buderim, Bundaberg, Caboolture, Cairns, Charleville, Charters Towers, Cooktown, Dalby, Deception Bay, Emerald, Gatton, Gladstone, Gold Coast, Goondiwindi, Gympie, Hervey Bay, Ingham, Innisfail, Kingaroy, Mackay, Mareeba, Maroochydore, Maryborough, Moonie, Moranbah, Mount Isa, Mount Morgan, Moura, Redcliffe, Rockhampton, Roma, Stanthorpe, Toowoomba, Townsville, Warwick, Weipa, Winton, Yeppoon, South Australia, Adelaide, Ceduna, Clare, Coober Pedy, Gawler, Goolwa, Iron Knob, Leigh Creek, Loxton, Millicent, Mount Gambier, Murray Bridge, Naracoorte, Oodnadatta, Port Adelaide Enfield, Port Augusta, Port Lincoln, Port Pirie, Renmark, Victor Harbor, Whyalla, Tasmania, Beaconsfield, Bell Bay, Burnie, Devonport, Hobart, Kingston, Launceston, New Norfolk, Queenstown, Richmond, Rosebery, Smithton, Stanley, Ulverstone, Wynyard, Victoria, Albury-Wodonga, Ararat, Bacchus Marsh, Bairnsdale, Ballarat, Beechworth, Benalla, Bendigo, Castlemaine, Colac, Echuca, Geelong, Hamilton, Healesville, Horsham, Kerang, Kyabram, Kyneton, Lakes Entrance, Maryborough, Melbourne, Mildura, Moe, Morwell, Port Fairy, Portland, Sale, Sea Lake, Seymour, Shepparton, Sunbury, Swan Hill, Traralgon, Yarrawonga, Wangaratta, Warragul, Werribee, Wonthaggi, Western Australia, Broome, Bunbury, Busselton, Coolgardie, Dampier, Derby, Fremantle, Geraldton, Kalgoorlie, Kambalda, Katanning, Kwinana, Mandurah, Meekatharra, Mount Barker, Narrogin, Newman, Northam, Perth, Port Hedland, Tom Price, Wyndham. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Australia-2027337)

Why do I require the other parent’s Consent to relocate to Australia?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Australia. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Australia. Even if the minor child only wants to go for a short holiday to Australia, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Australia?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Australia. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Australia.

Mother’s Consent for relocation of the minor child to Australia

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Australia, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Australia

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Australia. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Australia.

Consent of unmarried fathers for the relocation of their minor children to Australia.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Australia?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Australia, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Australia, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10792" align="alignnone" width="714"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation Order[/caption] [caption id="attachment_10793" align="alignnone" width="725"]Relocation consent for minor child to Australia - Advocate Muhammad Abduroaf Relocation Consent Order[/caption]    

Do you require a video legal advice consultation?

Click here and schedule one today!