Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Rustenburg?

A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Rustenburg, the law applicable would be the same throughout South Africa.

Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:

Experience and Expertise:

  • Specialization in family law, particularly child custody cases.
  • Proven track record of successfully handling similar cases.

Knowledge of Family Law:

  • In-depth understanding of family law.
  • Awareness of recent legal developments and changes in family law.

Communication Skills:

  • Effective communication skills to clearly articulate your case in court.
  • Ability to negotiate and mediate to reach favourable settlements.

Compassion and Empathy:

  • Understanding and empathy towards the emotional challenges involved in child custody disputes.
  • Ability to provide emotional support to clients during a difficult time.

Strategic Thinking:

  • Ability to devise a strategic legal approach tailored to the unique aspects of your case.
  • Forethought and anticipation of potential challenges.

Availability and Responsiveness:

  • Prompt responses to client inquiries and concerns.
  • Availability for meetings, court appearances, and consultations.

Client Reviews and References:

  • Positive reviews from previous clients.
  • Recommendations from colleagues or other legal professionals.

Ethical Conduct:

  • Adherence to professional and ethical standards.
  • Transparent and fair billing practices.

Courtroom Experience:

  • Comfort and confidence in a courtroom setting.
  • Skillful presentation of arguments and evidence.

Resourcefulness:

  • Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.

Problem-Solving Skills:

  • Creative problem-solving skills to navigate complex family dynamics and legal issues.

Custody and Visitation Knowledge:

  • In-depth knowledge of various custody arrangements and visitation schedules.
  • Ability to advocate for the best interests of the child.

What should you consider when meeting with a family law attorney or advocate?

When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals. Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:

Define Your Goals and Needs:

  • Clearly identify your goals and priorities in the child custody case.
  • Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.

Research Local Family Law Attorneys:

  • Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
  • Seek recommendations from friends, family, or colleagues who have gone through similar situations.

Check Credentials and Specialization:

  • Look for lawyers who specialize in family law and, more specifically, child custody cases.
  • Check their credentials, education, and any certifications related to family law.

Read Reviews and Testimonials:

  • Read online reviews on legal review websites, social media, or the lawyer’s own website.
  • Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.

Consult with Multiple Lawyers:

  • Schedule consultations with several child custody lawyers to discuss your case.
  • Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.

Evaluate Communication Skills:

  • Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
  • Ensure that the lawyer listens actively and provides clear explanations of legal processes.

Consider Experience:

  • Inquire about the lawyer’s experience in handling child custody cases similar to yours.
  • Ask about their success rate and outcomes in past cases.

Review Legal Fees:

  • Discuss the lawyer’s fee structure during the consultation.
  • Clarify billing practices, retainer fees, and any additional costs associated with your case.

Check Disciplinary Records:

  • Verify the lawyer’s standing with the Legal Practice Council of South Africa.
  • Check for any disciplinary actions or complaints against the lawyer.

Seek Second Opinions:

  • If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
  • Compare advice and recommendations from multiple sources.

Trust Your Instincts:

  • Pay attention to your instincts and gut feelings about the lawyer.
  • Choose a lawyer you feel comfortable working with and who understands your unique situation.

Negotiation and Mediation Skills:

Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.
  • Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.
We service clients in all cities: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
Posted on by Telelaw

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Rustenburg?

A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Rustenburg, the law applicable would be the same throughout South Africa.

Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case:

Experience and Expertise:

  • Specialization in family law, particularly child custody cases.
  • Proven track record of successfully handling similar cases.

Knowledge of Family Law:

  • In-depth understanding of family law.
  • Awareness of recent legal developments and changes in family law.

Communication Skills:

  • Effective communication skills to clearly articulate your case in court.
  • Ability to negotiate and mediate to reach favourable settlements.

Compassion and Empathy:

  • Understanding and empathy towards the emotional challenges involved in child custody disputes.
  • Ability to provide emotional support to clients during a difficult time.

Strategic Thinking:

  • Ability to devise a strategic legal approach tailored to the unique aspects of your case.
  • Forethought and anticipation of potential challenges.

Availability and Responsiveness:

  • Prompt responses to client inquiries and concerns.
  • Availability for meetings, court appearances, and consultations.

Client Reviews and References:

  • Positive reviews from previous clients.
  • Recommendations from colleagues or other legal professionals.

Ethical Conduct:

  • Adherence to professional and ethical standards.
  • Transparent and fair billing practices.

Courtroom Experience:

  • Comfort and confidence in a courtroom setting.
  • Skillful presentation of arguments and evidence.

Resourcefulness:

  • Resourcefulness in finding legal precedents and utilizing available resources to strengthen the case.

Problem-Solving Skills:

  • Creative problem-solving skills to navigate complex family dynamics and legal issues.

Custody and Visitation Knowledge:

  • In-depth knowledge of various custody arrangements and visitation schedules.
  • Ability to advocate for the best interests of the child.

What should you consider when meeting with a family law attorney or advocate?

When looking for a great child custody lawyer, it’s essential to schedule consultations, discuss your case, and assess whether the lawyer, attorney, or advocate possesses the qualities and skills that align with your needs and goals. Additionally, consider seeking recommendations from trusted friends, family members, or other legal professionals.

Finding the best child custody lawyer involves thorough research, careful consideration of your specific needs, and evaluation of the lawyer’s qualifications. Here are some steps you can take to find the right child custody lawyer for your situation:

Define Your Goals and Needs:

  • Clearly identify your goals and priorities in the child custody case.
  • Determine the specific services you need from a lawyer, such as legal representation, mediation, or collaborative law.

Research Local Family Law Attorneys:

  • Use online legal directories and referral services to identify family law attorneys or Trust Account Advocate in your area.
  • Seek recommendations from friends, family, or colleagues who have gone through similar situations.

Check Credentials and Specialization:

  • Look for lawyers who specialize in family law and, more specifically, child custody cases.
  • Check their credentials, education, and any certifications related to family law.

Read Reviews and Testimonials:

  • Read online reviews on legal review websites, social media, or the lawyer’s own website.
  • Consider testimonials from previous clients to gauge the lawyer’s reputation and success rate.

Consult with Multiple Lawyers:

  • Schedule consultations with several child custody lawyers to discuss your case.
  • Prepare a list of questions to ask during the consultation, covering topics such as experience, approach to cases, and expected outcomes.

Evaluate Communication Skills:

  • Assess the lawyer’s communication style and whether you feel comfortable discussing your case with them.
  • Ensure that the lawyer listens actively and provides clear explanations of legal processes.

Consider Experience:

  • Inquire about the lawyer’s experience in handling child custody cases similar to yours.
  • Ask about their success rate and outcomes in past cases.

Review Legal Fees:

  • Discuss the lawyer’s fee structure during the consultation.
  • Clarify billing practices, retainer fees, and any additional costs associated with your case.

Check Disciplinary Records:

  • Verify the lawyer’s standing with the Legal Practice Council of South Africa.
  • Check for any disciplinary actions or complaints against the lawyer.

Seek Second Opinions:

  • If you have initial concerns or uncertainties, consider seeking a second opinion from another attorney or advocate.
  • Compare advice and recommendations from multiple sources.

Trust Your Instincts:

  • Pay attention to your instincts and gut feelings about the lawyer.
  • Choose a lawyer you feel comfortable working with and who understands your unique situation.

Negotiation and Mediation Skills:

Assess the lawyer’s ability to negotiate and mediate, especially if you prefer an amicable resolution.

  • Remember that finding the best child custody lawyer is a personalized process, and the right fit for one person may not be the best for another. Take the time to thoroughly research and evaluate potential lawyers to make an informed decision based on your specific needs and circumstances.

We service clients in all cities:

Cape Town

Rustenburg

Kimberley

East London

Nelspruit

Polokwane

Pietermaritzburg

Bloemfontein

Port Elizabeth

Pretoria

Durban

Johannesburg

Related Post

Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation?

Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. [caption id="attachment_8203" align="alignleft" width="300"]The child in the middle The child in the middle. Child Custody disputes between parents, involving the child.[/caption] Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things that parents should know when it comes to a divorce or separation. This is especially important if there are young children involved. [caption id="attachment_8198" align="alignleft" width="300"]The child loses out. It is often the child who gets hurt the most in child custody disputes.[/caption]

Number 1: The Child’s best interests are of paramount importance.

In all matters concerning a child, his or her best interests are of paramount importance. Therefore, the law does not focus on what is best for the parents. However, the court would have to be reasonable and fair. All relevant facts must be looked at. A parent, therefore, cannot demand that he or she has custody over the child notwithstanding the fact, that the child would be prejudiced if that happens. For example, the child would have to leave his or her current school and enrol in a new school in the middle of the academic year. The same applies to child maintenance. It does not mean that because you are paying for all the child’s expenses that you can demand when and how you wish to spend time with the child. [caption id="attachment_8201" align="alignleft" width="300"]Seek professional help in child custody matters It is always best to speak to a professional lawyer or childcare expert in custody matters.[/caption] The sad reality is that when parents are embroiled in conflict, they are blinded from what is in the child’s best interests. They focus on what is seemingly best for them. Often, it is to win. Or get more than the other party. Therefore, the parent with the most money would employ the best of lawyers, just to show the other parent. Most times, the child loses out.

Number 2: Know your parental responsibilities and rights – Well

This one is mostly for fathers. Long gone are the days where it is assumed that only a mother can care for a child. Often the courts’ award custody or primary care to the father. The bottom line is; what is best for the child. Therefore, in a given scenario, if the mother is the one who worked from morning to dusk and the father was the one who took the child to school, collected her and attended to her homework, then in such a case, he may be awarded primary care or custody. If, however, the mother was the one who works but cared for the child since birth, she may be awarded custody.

Number 3: Don’t rush to the courts of law – This should be your last option

[caption id="attachment_8199" align="alignleft" width="300"]The Court should be the last resort The High Court and Children’s Court should be the last place you should find yourself in when dealing with child custody issues.[/caption] At the first sign of trouble, do not rush to the court. Here we refer to the Children’s Court or the High Court, concerning parental responsibilities and rights. First, try to mediate the issue. Both parents should try to meet with a social worker or family counsellor in trying to resolve issues. It is better for the parents to come up with a workable parenting plan than for the court to enforce one on them.

Number 4: Understand that there are now two households – The child cannot be divided into two.

When parents live together with a child, there is only one household. Therefore, parents will see the child every day. They would share in the child’s care, as well as his or her expenses. Spending the same time with the child after separation would be impossible. The child would have to live primarily in one home, and occasionally in the other. The focus must be in what is in the child’s best interest and not the parents. This is a reality the parents must accept and which the courts would impose. [caption id="attachment_8200" align="alignleft" width="300"]There is always hope if parents speak and communicate For the sake of the minor child, try hard to resolve child custody disputes when it comes to divorce or separation.[/caption] Therefore, when divorcing or separating, try to work out together a workable parenting plan. As both parents have different work schedules and commitments, it is possible to come to a workable agreement. The parents can rotate who takes and collects the child from school. They may want to do the same when it comes to extramural activities over the weekend as well. Regular telephonic and video (Skype, WhatsApp or FaceTime) contact are encouraged. This would ensure regular contact.

Number 5: Make use of a facilitator – A third party can assist the parties to see clearly for the sake of the child.

Parents don’t need to rush to court every time there is a dispute regarding the child. This practice can become very exhausting and expensive. They should appoint a facilitator to assist them in resolving the dispute. For example, should there be a wedding in the father’s family during the weekend of the mother, then if the parties cannot resolve the issue, they need to first see a professional third party [caption id="attachment_8202" align="alignleft" width="300"]The child is innocent Consider the child before considering yourself in child custody disputes.[/caption] The facilitator would usually be a social worker, psychologist or even a lawyer. However, the facilitator would have to be experienced in family law and related matters to be of much worth. Either way, having a third party assist the parents in resolving the issue is always useful. It would also help them save a lot of money by avoiding litigation. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. [caption id="attachment_8204" align="alignleft" width="300"]There is help out there. Speak to a child custody lawyer, or legal professional to assist you in resolving your parental legal matters.[/caption] Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws  
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Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused.

Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise – “where is the father?”, or “did the father give his consent?” When it comes to official matters, for example, the application for a passport, then things become more complicated. This is where the issue of parental consent for the application for a passport is looked at. Now let us first deal with the law.

Set up a Consultation with us.Parental Responsibilities and Rights of Fathers

In short, if a father was married to the mother, he would automatically have full parental responsibilities and rights to the child born from them. This includes the rights of care, contact and guardianship. If he was not married to the mother of the child, he can acquire parental responsibilities and rights. In short, in order for the unmarried father to acquire parental responsibilities and rights, he has to form part of the child’s life. He may also attempt to do so and the mother hinders it from happening. In the latter situation, he would still acquire parental responsibilities and rights.

The Unmarried Father’s Rights

The unmarried father can acquire parental responsibilities and rights to his child in a number of ways. They include paying child support, visiting the child and so on. Therefore, not all fathers would have parental responsibilities and rights over their children. Some fathers just impregnated the mothers and went missing. Such a father cannot rock up, 12 years later and demand to take the child with him to the movies. I think you understand the point  we are trying to make.

What is the legal effect of having parental responsibilities and rights over a child?

Should a father have parental responsibilities and rights over a child – he has certain defined rights. Those rights could either be absolute, or specific. An absolute right would be one of guardianship. An example would be an application for a passport or the removal of a child from the Republic. In the latter cases, the father’s consent is an absolute requirement which can only be taken away by a court of law. Then there are relative parental responsibilities and rights over a child. These rights depend on the circumstances of the case. An example would be that of visitation. A father who has parental responsibilities and rights of contact over a child cannot demand to see the child at any time. He may not even be able to demand to see the child half the time. His contact rights would be limited to what is in the child’s bests interests. And that would change from time to time. For example, should the father live 100km away from his children, contact could be every second weekend. But, should he live down the road, it could be every second day.

The Legal Problem for unmarried parents and their rights

The consent required in relation to the exercise of parental responsibilities and rights over certain children have challenges. How would anyone know whether or not an unmarried father has parental responsibilities and rights? For example, lets say the father was never involved in the child’s life – what proof does she have to show the authorities that the father does not have any parental responsibilities and rights? Would the Department of Home Affairs just accept the allegation made by the mother? I do not think so. And this could cause a problem in two ways. Let’s say the father has parental responsibilities and rights over a child. The mother however now wishes to relocate overseas. She tells the authorities at the Department of Home Affairs that she does not know where the father is, and he was never involved in the child’s life. If the Department of Home Affairs accepts her lie, the mother would be able to leave South Africa with the child, and without the father knowing. Let alone obtain his consent. On the other hand, let’s say that the father was really not involved in the child’s life since birth. He went missing after he found out the mother was pregnant. He never paid for any of the birthing costs, nor any of the child’s expenses since birth. Should the mother approach the Department of Home Affairs, would they allow her to obtain a passport without the father’s consent? We could be wrong, but we doubt they will.

What can a mother do if she does not have the consent from the father

As the law stands and with the current position of the Department of Home Affairs, the following needs to be done if the father refuses to give his consent, or cannot be found.

Application to the High Court

We advise that you consult with a legal advisor to advise you on the merits of your case. If there are merits, an application to the relevant court would be made. The Court would decide on the matter after hearing from both the parents. If it is decided that it would be best for the child to obtain a passport or relocate, the court would grant the appropriate order.

These are the documents that would form part of the Court file:

Notice of Motion

This document outlines the relief you are asking the court for. This would be the case where the details of the father is known.  Two of the clauses could be as follows:
  • The Respondent’s consent is not required for the departure of the minor child, Little One, with identity number 0813040502086 (hereafter referred to as “the minor child”), from the Republic of South Africa, and to relocate to France, as provided for in section 18(5) of the Children’s Act 38 of 2005;
  • The Respondent’s consent is not required for the return of the minor child to the Republic of South Africa for visits;

Founding Affidavit

In this document, you outline the facts of the matter. You would deal with why you want consent.

Opposing Affidavit

If the father opposes the Application, he would file this affidavit. In this document he would outline reasons why the court should not give consent.

Replying Affidavit

You would then get an opportunity to reply to the father’s allegations made.

Advice to parents who wants to relocate or temporary leave South Africa with the minor child

If you need to relocate, with a child, and the other parent refuses to give consent, speak to a legal advisor, or to us. They would advise you on your case, and if need be, assist or direct you to the proper people for an Application to court for an order that the requirement of consent is dispensed with. Should you be successful in such an application, the Order would be shown to the Department of Home Affairs when applying for a passport and when leaving the Country. The Officials would comply with the Order. The Order of Court can also be shown to the officials overseas should they want to know where the consent of the father is. [caption id="attachment_7081" align="alignleft" width="217"]Advocate Cape Town Lawyer Attorney Legal High Court Advocate Muhammad Abduroaf[/caption] In the same manner, should you want to leave South Africa to go overseas on holiday with the minor, approach us for advice should the other parent refuse to give consent. Your visit overseas could be to visit a family member, or just for a break. There should be no reason why you cannot take the minor child with you on holiday. [caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption]

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Commonly asked questions about divorce in South Africa.

The South African Courts are granting divorces to people on a daily basis. Some divorces were initiated a few weeks ago, and others go back several years. The distinction between couples who obtained a divorce in a matter of weeks and those who waited for years is straightforward. Those who chose to wait a few weeks realised that fighting was futile, and by getting divorced sooner, they could move on with their lives more quickly.

Our unopposed divorce service

If your marriage has broken down and you and your spouse agree to get divorced, talk to us about your uncontested divorce options. We guarantee that your divorce will be resolved swiftly and with minimal stress and anxiety. Here are some frequently asked questions about divorce. If you have any particular questions, don’t hesitate to schedule a consultation with us.

What are the costs of an unopposed divorce?

The costs of an unopposed divorce would vary. That would depend on the law firm and the issues involved. We offer an unopposed divorce at a fixed fee.

What questions to ask when considering divorce?

The most important question to ask when considering divorce is whether your marriage can be saved. If your marriage cannot be saved, then a divorce may be the best thing for you.

What is the requirement for a divorce in Court?

For a court to divorce you, the Court has to be convinced on a few aspects. They relate to the issue or jurisdiction; you are married, and the marriage has broken down irretrievably. If there are minor children involved, the Court would want to be convinced that their best interests are being upheld.

What is the biggest challenge of divorce?

The biggest challenge in divorce is for the parties to accept that their marriage is over.

What not to do when asking for a divorce?

Do not agree on things you may regret later—for example, agreeing to relinquish assets you may want to keep.

What to do before telling your spouse you want a divorce?

Make sure you want a divorce.

What to do before telling your wife you want a divorce?

Make sure you want a divorce.

What is the first step when you want a divorce?

It would be best if you saw a lawyer.

What are my rights as a wife in a divorce in South Africa?

If you were maintained by your husband during the marriage, you may have a right to personal maintenance or alimony.

How do I start a divorce process?

The divorce process starts with a Summons.

How much does divorce cost in South Africa?

It can range from a few thousand rands. You can also do it yourself for free.

How long does a divorce take in South Africa?

I can take a few weeks if it is unopposed or a few years if opposed. It depends on the Court as well. Some courts are very busy.

What is the first step to divorce in South Africa?

It is to institute if at Court.

What is a free divorce in South Africa?

It is where you do not make use of a lawyer. You can do the divorce yourself.

How can I speed up my divorce in South Africa?

Try to settle the divorce.

What happens to the provident fund when you divorce?

If you are married in a community of property, the non-member spouse should receive half.

How much is a wife entitled to in a divorce pension?

If you are married in a community of property, the wife is entitled to half.

How long after divorce can you remarry in South Africa?

Immediately.

Can I claim my husband’s pension after the divorce in South Africa?

Yes, you can.

What is spousal maintenance in South Africa?

It is where your spouse has to continue supporting you after the marriage.

How long does a pension fund take to pay out after divorce?

Usually between two to three months.

How long does it take to get money from GEPF after divorce?

It is best to contact them. However, it is estimated to take about two to three months.

Does GEPF pay a lump sum?

They should pay what the divorce order says.

Who qualifies for GEPF?

A spouse is someone who is married to the member.

How do I claim my spouse’s pension after divorce?

You should claim before the divorce. If after, you must approach the Court.

What are the spousal benefits of GEPF?

You should contact them.

How is the Gepf payout calculated?

You should contact them.

What is the final salary for Gepf?

You should contact them.

How much is a lump sum from the final salary pension?

It will usually be 50 % if you are married in a community of property.

Can my wife claim half of my pension?

Yes.

How is spouse pension calculated?

It is calculated at the value of the divorce.

How can I check my GEPF balance?

Contact them.

What is rule 43 in South Africa for divorce?

It is a procedure in the High Court where you claim child maintenance, custody or contribution towards legal costs pending the divorce finalisation.

Who loses the most in a divorce?

The children, if the parties keep fighting.

Do I have to support my wife after the divorce?

No, unless a court orders you to do so.

What are the stages of divorce for a woman?

There are no specific stages.

How do I decide when to divorce?

If your marriage has broken down and cannot be saved.

What is the number 1 reason for divorce?

Parties are incompatible.

What are the three effects of divorce?

It varies between people.

Who initiates divorce more?

One would have to look at the divorce statistics.

Can a divorce be denied in South Africa?

Yes, it can.

What should I ask myself before divorce?

Can the marriage be saved?

What are the disadvantages of divorce?

You are no longer together as a family unit.

What should you think about before divorce?

Can the marriage relationship be saved?

What to do before telling your spouse you want a divorce?

Speak to a divorce lawyer.

What to do before telling your wife you want a divorce?

Speak to a divorce lawyer.

Why should you never bring up divorce?

You should only bring it up if the marriage has broken down.

What are my rights as a wife in a divorce in South Africa?

You have a right to alimony if you can prove your claim.

What is the pensionable salary?

A salary where the pension is paid.

How is pension calculated?

It would be best if you spoke to your employer.

What is the rule 58 in divorce?

It is where you claim interim maintenance, custody or a contribution towards costs in the magistrates court.

Is everything split 50-50 in a divorce in South Africa?

Only if you are married in a community of property.

What happens to the provident fund when you divorce?

If you are married in a community of property, the non-member spouse will receive half the value as of the date of the divorce.

How much tax do you pay on a divorce settlement in South Africa?

You should speak to an accountant.

What documents are needed for divorce in South Africa?

Marriage certificate for the Court.

How much does it cost to file for divorce in SA?

From free to a few thousand.

What is a free divorce in South Africa?

It is where you do it yourself, or a lawyer does not charge you.

How long does it take to Finalise a divorce in South Africa?

From a few weeks if all is agreed upon to a few years if the parties cannot.

How long after divorce can you remarry in South Africa?

Immediately.

Who should file for divorce first in South Africa?

Any spouse.

Who gets custody of the child in divorce in South Africa?

The parent that can best care for the child.  

Posted on by Telelaw

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