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.
Posted on by Telelaw

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.

Call us on: 0211110090
Email: [email protected]

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.

Call us on: 0211110090
Email: [email protected]

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.

Email: [email protected]

 

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.

Call us on: 0211110090
Email: [email protected]

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.

Call us on: 0211110090
Email: [email protected]

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.

Call us on: 0211110090
Email: [email protected]

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.

Call us on: 0211110090
Email: [email protected]

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.

Related Post

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources

Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page assists in three (3) aspects of family law. The first is regarding Divorce, then Child Maintenance, and the other, is that of contact to your child during the holiday season. We advise that you use the services of a legal practitioner to assist you in your divorce matter or application for contact with your child. However, legal services cost money, which is not always available. Should you decide to make use of the resources provided in this post and this website, we strongly advise that you obtain legal advice before proceeding.

Do your own divorce

If a marriage has broken down, and there are no reasonable prospects of restoring the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that need to be tabled. For example, what happens to the kitchen table, who sees the children, where and when? If you were married out of a community of property, with no children, and without the accrual regime, the issues are simple. Be that as it may, should you consider attending to the divorce on your own, download the Free Divorce Starter Toolkit. This toolkit would be of great assistance in your divorce.

 Free Divorce Starter Toolkit

The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of claim and a notice of set-down. Download the Toolkit and see if it would be of use to you. Also have a look at the following links for further assistance:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
  5. Divorce guide

Free Child Maintenance Calculator

Child maintenance and child support is the right of every child. It is the duty of the parent to enforce the right should the other parent not wish to contribute. Download the Free Child Maintenance Calculator and start the process regarding child Maintenance today. You would be guided on the law and how much maintenance may be claimed. Also have a look at the following links for further assistance:
  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Other Resources

Free DIY Toolkit

Download the Free DIY Urgent Child Contact Toolkit for mothers and Fathers found on this website. This would greatly assist you as an extra tool. The toolkit relates to an Urgent Child Contact Application in the Western Cape High Court which would be of assistance in making an urgent application and completing the form below.

Urgent Holiday Contact Toolkit

This Urgent Holiday Contact Toolkit incorporates the Free DIY Urgent Child Contact Toolkit for mothers and Fathers. However, you are provided with an online form that you complete, and thereafter, an email will be sent to you with partially completed court documents. Try it out. This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf assists 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.      
Posted on by Telelaw

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

Japan 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 Japan, if a minor child will be joining that parent and also relocating to Japan, 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 Japan. Before we do so, let us list the various cities and towns in Japan to which you may want to relocate: Aichi, Anjō, Atsuta, Gamagōri, Handa, Hekinan, Ichinomiya, Inazawa, Kariya, Kasugai, Komaki, Kōnan, Nagoya, Nishio, Okazaki, Seto, Tokoname, Toyohashi, Toyokawa, Toyota, Akita, Noshiro, Ōdate, Aomori, Aomori, Hachinohe, Hirosaki, Chiba, Chiba, Chōshi, Funabashi, Ichihara, Ichikawa, Kashiwa, Kisarazu, Matsudo, Narashino, Narita, Noda, Sawara, Urayasu, Ehime, Imabari, Matsuyama, Niihama, Saijō, Uwajima, Yawatahama, Fukui, Sabae, Takefu, Tsuruga, Fukuoka, Iizuka, Kitakyūshū, Kurume, Nōgata, Ōkawa, Ōmuta, Tagawa, Fukushima, Aizu-wakamatsu, Iwaki, Kōriyama, Gifu, Gifu, Kakamigahara, Ōgaki, Tajimi, Takayama, Toki, Gumma, Isesaki, Kiryū, Maebashi, Ōta, Takasaki, Tatebayashi, Tomioka, Hiroshima, Fukuyama, Hiroshima, Innoshima, Kure, Mihara, Onomichi, Hokkaido, Asahikawa, Bibai, Chitose, Ebetsu, Hakodate, Iwamizawa, Kitami, Kushiro, Muroran, Nemuro, Noboribetsu, Obihiro, Otaru, Rumoi, Sapporo, Tomakomai, Wakkanai, Yūbari, Hyōgo, Akashi, Akō, Amagasaki, Ashiya, Himeji, Itami, Kakogawa, Kawanishi, Kōbe, Miki, Nishinomiya, Takarazuka, Takasago, Ibaraki, Hitachi, Hitachinaka, Kitaibaraki, Koga, Mito, Shimodate, Tsuchiura, Tsukuba Science City, Ishikawa, Kaga, Kanazawa, Komatsu, Nanao, Iwate, Kamaishi, Miyako, Mizusawa, Morioka, Kagawa, Marugame, Sakaide, Takamatsu, Kagoshima, Kanoya, Sendai, Kanagawa, Atsugi, Chigasaki, Fujisawa, Hadano, Hakone, Hiratsuka, Kamakura, Kawasaki, Miura, Odawara, Sagamihara, Yamato, Yokohama, Yokosuka, Kōchi, Kumamoto, Arao, Kumamoto, Minamata, Yatsushiro, Kyōto, Kyōto, Maizuru, Uji, Mie, Ise, Kuwana, Matsuzaka, Suzuka, Tsu, Ueno, Yokkaichi, Miyagi, Ishinomaki, Kesennuma, Sendai, Shiogama, Miyazaki, Miyakonojō, Miyazaki, Nichinan, Nobeoka, Nagano, Matsumoto, Nagano, Okaya, Suwa, Ueda, Nagasaki, Hirado, Isahaya, Nagasaki, Ōmura, Sasebo, Shimabara, Nara, Kashihara, Nara, Tenri, Yamato-Kōriyama, Niigata, Jōetsu, Kashiwazaki, Nagaoka, Niigata, Niitsu, Sanjō, Ōita, Beppu, Hita, Nakatsu, Ōita, Saiki, Usa, Usuki, Okayama, Kasaoka, Kurashiki, Okayama, Tamano, Tsuyama, Okinawa, Naha, Okinawa, Ōsaka, Daitō, Higashiōsaka, Hirakata, Ikeda, Izumiōtsu, Izumisano, Kadoma, Kishiwada, Matsubara, Moriguchi, Neyagawa, Ōsaka, Sakai, Suita, Takatsuki, Toyonaka, Yao, Saga, Imari, Karatsu, Saga, Tosu, Saitama, Ageo, Asaka, Chichibu, Fukaya, Gyōda, Iruma, Kawagoe, Kawaguchi, Koshigaya, Kumagaya, Saitama, Sōka, Toda, Warabi, Shiga, Hikone, Ōtsu, Shigaraki, Shimane, Izumo, Masuda, Matsue, Shizuoka, Atami, Fuji, Fujieda, Fujinomiya, Gotemba, Hamakita, Hamamatsu, Itō, Mishima, Numazu, Shimada, Shimizu, Shizuoka, Yaizu, Tochigi, Ashikaga, Kanuma, Nikkō, Oyama, Sano, Utsunomiya, Tokushima, Anan, Komatsushima, Naruto, Tokushima, Tokyo, Chōfu, Fuchū, Ginza, Hachiōji, Higashimurayama, Hino, Kodaira, Koganei, Kokubunji, Machida, Mitaka, Musashino, Ōme, Tachikawa, Tokyo, Tottori, Kurayoshi, Yonago, Toyama, Takaoka, Wakayama, Kainan, Nachi-katsuura, Sakata, Tsuruoka, Wakayama, Yamagata, Yonezawa, Yamagata, Yamaguchi, Hagi, Hōfu, Iwakuni, Kudamatsu, Shimonoseki, Tokuyama, Ube, Yamanashi, Kōfu. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Japan-2039519)  

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

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 Japan. 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 Japan. Even if the minor child only wants to go for a short holiday to Japan, both guardians’ Consent would be required.

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

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 Japan. 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 Japan.

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

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 Japan, 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 Japan

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 Japan. 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 Japan.

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

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 Japan?

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 Japan, 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 Japan, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10829" align="alignnone" width="662"]Relocation consent Court Order for minor child to Japan - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Japan – Advocate Muhammad Abduroaf[/caption]  

Posted on by Telelaw

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