I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa?

Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it comes to the enforcement of their rights. However, until such time that parliament passes laws that deal explicitly with Muslim marriages and the legal consequence thereof, South Africans would be dependent on Courts to enforce their rights. It should also be noted that if a South African Court makes a ruling that affects Muslim marriages, it does not mean that the Court ruling is Shariah Compliant. The laws of Islam cannot be tainted by secular Courts, no matter how good their intentions are. Therefore, before approaching a South African court to deal with an aspect of your Islamic marriage, ensure that you first obtain the proper Sharia advice.

When is the best time to seek legal advice from an attorney or advocate if I want to divorce my spouse?

The best time to seek legal advice is before the actual talaq of faskh. You would then know your rights regarding your property, personal maintenance (alimony), child maintenance, child custody and so on. You and your spouse can then discuss these issues and come to an amicable agreement. This is the first prize, as no one wants to spend money on lawyers’ fees to resolve simple issues after divorce. It may be ideal to utilise an attorney’s services or advocate to draft a legally binding settlement agreement. If you and your spouse cannot agree regarding the item mentioned above, then unfortunately, those issues would have to be resolved in a court of law. This is what this article deals with.

How do we best deal with the issue of jointly owned property after the Islamic Divorce?

If you and your spouse own jointly owned property, for example, a house, you can continue owing it together after the marriage. However, if one of you wants to sell it and the other does not, you would need to approach the High Court to terminate the joint ownership. This can be a very long and expensive process. It would entail applying to the court for an order outlining how the property must be sold. It may first be sold via private sale and, if not possible, via a public auction. The court can also order how the proceeds should be divided. It is best to consult with an attorney or advocate in this regard.

What is the best way to resolve care and contact issues regarding minor children after a talaq or faskh?

For any legal matter, it is best to resolve issues without the need to approach a Court of Law. In the case of a Muslim marriage where there are minor children involved, it may be the best option. This is because children are negatively affected if parents litigate over them. However, it must be done if it is the only option because parents cannot see eye to eye. However, before considering litigation regarding your children, it is best to try to mediate the dispute. We suggest using a professional like a social worker, psychologist, or suitably qualified person to resolve the dispute. Most of the time, it works.

How do I apply to the Children’s Court for contact with my child?

To apply for child custody in South Africa, you may approach the Children’s Court in the area where the child resides or where the custody dispute arose. The process involves completing a form, which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you claim custody. It would be best to give reasons for your claim and any evidence that may support your case. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the best interests of the child and may also appoint a social worker to investigate and report on the child’s circumstances. The court may also order mediation to try and resolve the dispute amicably. It is important to note that custody disputes can be emotionally draining and stressful for all parties involved, especially the child. It is, therefore, advisable to seek legal advice and support from a family law attorney or advocate who can guide you through the process and ensure that your rights and the child’s best interests are protected.

What is the best way to resolve child maintenance issues regarding minor children after a talaq or faskh?

In South Africa, each parent must maintain their child according to their mean. This applies to all parents, whether or not they were married to each other in terms of Muslim Rites, Civil law, or not married at all. Before parents venture into a Faskh or Talaq, they need to discuss whether they will be paying for the minor children after they divorce. They must discuss who will pay the school fees, extra-mural, and medical expenses. If the child will be living with the mother primarily, then the father would need to pay the mother cash maintenance as well. This needs to be resolved as soon as possible. If the parents cannot resolve the issues regarding child maintenance amounts themselves, the parent claiming maintenance would need to approach the maintenance court as soon as possible. There is no need to wait until the marriage has first been resolved.

How do I apply for Child Maintenance if I am married Islamically?

The process to apply for child maintenance is the same for everyone. Whether or not you are married or not. You would need to approach the maintenance court in the area where the child resides or where the maintenance defaulter resides. The process involves completing a form which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you are claiming maintenance from. You will also need to provide proof of your income, the expenses incurred for the child, and the expenses of the person from whom you are claiming maintenance. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the financial circumstances of both parties and make a maintenance order, which will determine the amount of maintenance that needs to be paid.

I require legal assistance after my Talaq or Faskh. What is the best way to obtain legal advice or assistance?

If you require legal advice or assistance before or after your Talaq or Faskh, schedule an appointment using the link www.ourlaywer.co.za/advice. We would be able to advise and assist you where necessary.

I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa?

Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it comes to the enforcement of their rights. However, until such time that parliament passes laws that deal explicitly with Muslim marriages and the legal consequence thereof, South Africans would be dependent on Courts to enforce their rights.

It should also be noted that if a South African Court makes a ruling that affects Muslim marriages, it does not mean that the Court ruling is Shariah Compliant. The laws of Islam cannot be tainted by secular Courts, no matter how good their intentions are. Therefore, before approaching a South African court to deal with an aspect of your Islamic marriage, ensure that you first obtain the proper Sharia advice.

When is the best time to seek legal advice from an attorney or advocate if I want to divorce my spouse?

The best time to seek legal advice is before the actual talaq of faskh. You would then know your rights regarding your property, personal maintenance (alimony), child maintenance, child custody and so on. You and your spouse can then discuss these issues and come to an amicable agreement. This is the first prize, as no one wants to spend money on lawyers’ fees to resolve simple issues after divorce. It may be ideal to utilise an attorney’s services or advocate to draft a legally binding settlement agreement.

If you and your spouse cannot agree regarding the item mentioned above, then unfortunately, those issues would have to be resolved in a court of law. This is what this article deals with.

How do we best deal with the issue of jointly owned property after the Islamic Divorce?

If you and your spouse own jointly owned property, for example, a house, you can continue owing it together after the marriage. However, if one of you wants to sell it and the other does not, you would need to approach the High Court to terminate the joint ownership. This can be a very long and expensive process. It would entail applying to the court for an order outlining how the property must be sold. It may first be sold via private sale and, if not possible, via a public auction. The court can also order how the proceeds should be divided. It is best to consult with an attorney or advocate in this regard.

What is the best way to resolve care and contact issues regarding minor children after a talaq or faskh?

For any legal matter, it is best to resolve issues without the need to approach a Court of Law. In the case of a Muslim marriage where there are minor children involved, it may be the best option. This is because children are negatively affected if parents litigate over them. However, it must be done if it is the only option because parents cannot see eye to eye.

However, before considering litigation regarding your children, it is best to try to mediate the dispute. We suggest using a professional like a social worker, psychologist, or suitably qualified person to resolve the dispute. Most of the time, it works.

How do I apply to the Children’s Court for contact with my child?

To apply for child custody in South Africa, you may approach the Children’s Court in the area where the child resides or where the custody dispute arose. The process involves completing a form, which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you claim custody. It would be best to give reasons for your claim and any evidence that may support your case.

Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the best interests of the child and may also appoint a social worker to investigate and report on the child’s circumstances. The court may also order mediation to try and resolve the dispute amicably.

It is important to note that custody disputes can be emotionally draining and stressful for all parties involved, especially the child. It is, therefore, advisable to seek legal advice and support from a family law attorney or advocate who can guide you through the process and ensure that your rights and the child’s best interests are protected.

What is the best way to resolve child maintenance issues regarding minor children after a talaq or faskh?

In South Africa, each parent must maintain their child according to their mean. This applies to all parents, whether or not they were married to each other in terms of Muslim Rites, Civil law, or not married at all. Before parents venture into a Faskh or Talaq, they need to discuss whether they will be paying for the minor children after they divorce. They must discuss who will pay the school fees, extra-mural, and medical expenses. If the child will be living with the mother primarily, then the father would need to pay the mother cash maintenance as well. This needs to be resolved as soon as possible.

If the parents cannot resolve the issues regarding child maintenance amounts themselves, the parent claiming maintenance would need to approach the maintenance court as soon as possible. There is no need to wait until the marriage has first been resolved.

How do I apply for Child Maintenance if I am married Islamically?

The process to apply for child maintenance is the same for everyone. Whether or not you are married or not.
You would need to approach the maintenance court in the area where the child resides or where the maintenance defaulter resides. The process involves completing a form which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you are claiming maintenance from. You will also need to provide proof of your income, the expenses incurred for the child, and the expenses of the person from whom you are claiming maintenance. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the financial circumstances of both parties and make a maintenance order, which will determine the amount of maintenance that needs to be paid.

I require legal assistance after my Talaq or Faskh. What is the best way to obtain legal advice or assistance?

If you require legal advice or assistance before or after your Talaq or Faskh, schedule an appointment using the link www.ourlaywer.co.za/advice. We would be able to advise and assist you where necessary.

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Why You Must Choose Advocate Muhammad Abduroaf for your legal matter

In the landscape of legal challenges, having the right advocate is not just a preference; it’s a necessity. Advocate Muhammad Abduroaf stands out as an unrelenting champion for his clients, and if you’re seeking unparalleled legal representation in South Africa, he is the advocate you need to secure your future. Here’s an in-depth look at why you must choose Advocate Muhammad Abduroaf for your legal matters.

1. Unmatched Legal Expertise

Advocate Muhammad Abduroaf boasts a comprehensive and nuanced understanding of the law, paired with years of experience in various legal fields. Whether you are dealing with criminal defence, family law, commercial disputes, or personal injury cases, his extensive knowledge empowers him to navigate even the most complex legal waters. Rest assured, with Advocate Abduroaf, your case is handled by a seasoned professional who understands the intricacies of legal proceedings and knows what it takes to achieve the best outcome.

2. Relentless Advocacy

When it comes to fighting for justice, Advocate Abduroaf does not waver. His relentless dedication to his clients means he will go above and beyond to ensure that every aspect of your case is meticulously prepared. He understands that every legal battle is personal, and he invests his time, energy, and expertise into advocating for your rights. With him in your corner, you can be confident that you have a tireless advocate who will stand firm against any challenge.

3. Direct Access as a Trust Account Advocate

Advocate Abduroaf’s status as a trust account advocate allows him to engage directly with clients, cutting out the intermediaries that often complicate legal processes. This direct relationship enhances communication and ensures that you receive immediate feedback and assistance. You won’t find yourself navigating bureaucratic hurdles; instead, you will experience a streamlined process with a legal expert who is genuinely invested in your case. This accessibility means that your concerns are addressed promptly, making your legal journey smoother and more efficient.

4. Proven Success and Results

The true measure of an advocate’s worth lies in their results, and Advocate Muhammad Abduroaf has a proven track record of success. His consistent ability to secure favorable outcomes for his clients has solidified his reputation as a leading advocate in South Africa. Numerous satisfied clients can vouch for his effectiveness, and many have seen their lives transformed thanks to his legal prowess. When you choose Advocate Abduroaf, you choose a professional with a history of achievements that speaks volumes about his capabilities.

5. Tailored Legal Strategies

Advocate Abduroaf believes that every client’s case deserves a customized approach. He recognizes that no two situations are identical and takes the time to understand the specific details and nuances of your case. This commitment to tailoring legal strategies ensures that your case is handled with the attention it deserves. Whether through negotiation or litigation, he crafts a path forward that is unique to you, maximizing your chances of success.

6. Exceptional Communication Skills

Effective communication is key to a successful legal representation, and Advocate Abduroaf excels in this critical area. He prioritizes keeping clients informed and engaged throughout the entire legal process. You can expect clear, concise explanations of legal concepts, an overview of your options, and regular updates on your case progression. This level of transparency fosters trust and empowers you to make informed decisions about your legal matters.

7. Integrity and Professionalism

Advocate Abduroaf stands firm in his commitment to ethical practice and professionalism. His unwavering integrity has earned him the respect of clients and colleagues alike. You can trust that he will navigate your case with honesty, respect, and the highest ethical standards. With Advocate Abduroaf, you are not just getting a legal representative; you are gaining a trusted ally who prioritizes your best interests and upholds the dignity of the legal profession.

8. Commitment to Client Satisfaction

At the core of Advocate Abduroaf’s practice is an unwavering commitment to client satisfaction. He understands that the legal process can be stressful and overwhelming, and he strives to create a supportive environment for his clients. His approachable demeanor ensures that you feel comfortable discussing your concerns and questions, fostering a collaborative relationship built on trust and understanding.

Conclusion

In a world where legal stakes can be incredibly high, choosing the right advocate is paramount. Advocate Muhammad Abduroaf distinguishes himself as the best choice for anyone seeking comprehensive legal support. His unmatched expertise, relentless advocacy, proven success, and personalized service make him the advocate you need in your corner. When you choose Advocate Abduroaf, you are not just hiring a lawyer; you are acquiring a passionate defender of your rights and interests.   If you want an advocate who will fight vigorously for your rights and ensure your legal matters are handled with the utmost professionalism, don’t hesitate to reach out to Advocate Muhammad Abduroaf. Contact him today and take the first step towards empowering yourself with exceptional legal representation. Remember, your future is too important to leave to chance; choose the advocate who will stand by you every step of the way.

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kuruman.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Kuruman

Whether you claim child maintenance in Kuruman, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Kuruman.

The maintenance scenario – Kuruman South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Kuruman
  2. The child is cared for by the mother who works in Kuruman
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Kuruman
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Kuruman, it would be the maintenance court in Kuruman. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Kuruman, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Kuruman Maintenance Court?

Once you have been notified of the maintenance court date by the Kuruman Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Kuruman?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Kuruman Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Kuruman Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Kuruman, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town

In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. In other words, the marriage cannot be saved. Once a decree of divorce is granted, then spouses are immediately allowed to remarry and move on with their lives.  This is what is hoped and expected. There are however factors that may keep spouses connected post-divorce. This could vary from couple to couple.

Connecting former spouses post-divorce

If there are minor children born from the marriage, then the parties may have to deal with each other in relation to child maintenance, and visitation after the divorce. If it is ordered or agreed upon prior to the divorce, that one spouse should pay personal maintenance to the other spouse, or alimony, then on that basis the parties may have to continue dealing with each other after the divorce.

The divorce process in South Africa

Many spouses contemplate getting divorced. However, do not know what procedures need to be followed. Only courts of law in South Africa can divorced couples. And not every court is authorised to do so. For examples, the criminal courts or tax courts will not be able to divorce a couple. The High Courts and the family courts would be able to divorce a couple. The entire legal process starts with the issuing of a summons out of the relevant court.

Issuing of a Summons from the divorce court

A summons is a legal document that needs to be drafted. The summons will be issued out of the court that has jurisdiction to attend to the divorce. Usually, it would be the court that deals with divorces where one of the parties resides in.   The registrar of the court would sign and stamp the summons and provide a case number. Basically, a court file is opened.

Particulars of claim

Attached to the summons would be a Particulates of Claim. This document basically outlines certain relevant information to the divorce court. For example, when the parties were married and details of minor children if any and the reasons for the breakdown of the marriage. The other party and the court would, therefore, know what issues they are going to deal with. Below you will find an example of a Particulars of Claim. You will also find an online form which you can complete to assist you in starting that divorce process.

Example of information in a Particulars of Claim

1. The Plaintiff and the Defendant are as described on the face on the summons. 2. The Defendant and/or Plaintiff are domiciled within the area of jurisdiction of this Honourable Court. 3. On 01 January 2000, at Cape Town, Western Cape, the parties were married In Community of Property, and the marriage still so subsists. Kindly find attached a copy of the marriage certificate marked “A”. 4. 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: 4.1 There is no love and affection and meaningful communication between the parties; and 4.2 The Parties do not wish to live as husband and wife.

WHEREFORE PLAINTIFF PRAYS FOR:

A. A Decree of Divorce; B. Equal division of the Joint Estate; C. Costs, only in the event this action is defended; and D. Further and / or alternative relief. DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2020.   ______________________ Per: JOHN WILLIAMS (Plaintiff in Person) 4 Green Street, Greenland, WESTERN CAPE TO: THE REGISTRAR HIGH COURT CAPE TOWN AND TO: JANE WILLIAMS 1 Apple Street, Apple Town, WESTERN CAPE

Complete the free online divorce form below to assist you with your unopposed divorce.

If you want to attend to your own uncontested divorce, we can to help you at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35]    

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