Unopposed Divorce Divorces at High Court

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Vanderbijlpark.
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 Vanderbijlpark
Whether you claim child maintenance in Vanderbijlpark, 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 Vanderbijlpark.
The maintenance scenario – Vanderbijlpark South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
The Child is seven years old and attends school in Vanderbijlpark
The child is cared for by the mother who works in Vanderbijlpark
The mother works and earns a Salary of R 10 000
The father sees the child every second weekend. He also lives and works in Vanderbijlpark
The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
The father earns a reasonable salary and can afford the R 20 000 – 00 per month
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 Vanderbijlpark, it would be the maintenance court in Vanderbijlpark. 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 Vanderbijlpark, 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 Vanderbijlpark Maintenance Court?
Once you have been notified of the maintenance court date by the Vanderbijlpark 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 Vanderbijlpark?
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 Vanderbijlpark 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 Vanderbijlpark 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, Vanderbijlpark, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Divorces – Is it possible to increase my chances of getting a fair outcome? Here are some Tips and Tricks to assist you.
Divorce cases can be straightforward or riddled with issues. Not only legal issues but also emotional issues, especially when there are children involved. What about the proprietary aspects of your marriage? Well, that is the easy bit. If parties are married in community of property, there should not be much to argue about. The law is the law. Each party should get what the law says they are entitled to – in this case, an equal division of the joint estate. Click here to find out how to attend to your own unopposed divorce.

Divorces should be straightforward and simple, but this is not always the case.

In our view, the simplest divorce would be when the couple married with an ante-nuptial contract. They excluded community of property and the accrual regime. Furthermore, there are no minor children born from the marriage. In such a case, all that is required is a decree of divorce. However, if there are minor children involved, then the parties may be at loggerheads as to who should have custody, or how visitation should be exercised. Then there is the issue of child maintenance, which can be a tedious and complicated matter to resolve.

Focus less on emotions, but what is best in the long run

In this article, advice is provided on how to get the best out of your divorce. This is done by focusing on what is necessary, fair, and what you are entitled to. Many people focus too much on emotions and irrelevant issues. This is where the wisdom of experts comes into play. What follows are some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade and a half of experience on family law, divorce, child custody and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the divorce court process.

A divorce scenario – Father cares for the children

Let say a couple was married for 10 years – they married in community of property. In other words, they share everything. There are 2 (two) children born from the marriage. They live in a home that is bonded but purchased by the wife before the marriage. The bond is only registered in her name and gets deducted from her personal banking account. The father, however, does not work but attends to the household, which includes cleaning, taking the kids to school, making food etc. When the children are ill, the father would be the one who stays up caring for them. School projects and homework is also attended by the father. The father does some web designing work for an income, but his income is minimal compared to that of his wife. Should this couple divorce, the best for them would be to enter into a parenting plan outlining their contact and care rights after the divorce.

Divorces and properly law – Who gets what?

Now in a case of divorce, the wife would find it unfair that the husband should have half the value of the home. This is so as she is the one who purchased it before the marriage and paid up all the monthly instalments. Our advice to the mother would be not to waste her time on this issue. The parties were married in community of property, forming one joint estate. If she came into the marriage with the property, then it forms part of the joint estate. The same advice goes to the husband. All that he needs to do is stick to what the law says he is entitled to. The judge would agree with him.

Child Custody and the Law – Know your parental rights

Then there is the issue of child custody. The mother believes that she is entitled to be the primary caregiver because she gave birth to the children. She also believes that all mothers should have custody over minor children no matter what the circumstances are. Apparently, someone told her that. However, the reality of the matter is that the father, in this case, cared for the minor children for most of their lives. It would further be in their best interests if he continues to do so. He knows their routine, needs, and how to care for them better than the mother. And besides that, the mother is a career woman, who works long, hard hours. She does not have the time, patience or skills to care for the minor children, as efficiently as the father has. The same principles may apply in matters of relocation.

Child Maintenance Tips and Tricks

Now, what advice do we have for parents where there is a dispute regarding the amount of Child Maintenance to Claim? Have a look at this article on Tricks and tips on how to win your child maintenance case. Similar principles can be applied to child maintenance issues in a divorce court, whether in the High Court, or Regional Court. With regard to the scenario above, the father would be the one claiming child maintenance from the mother. Unless he is successful in claiming personal maintenance (or alimony) from the mother, he would have to get a job, or earn more in his web designing business and support himself and contribute towards the expenses of the minor children.

The financial impact of Divorce on the household

The sad reality of divorce for most people is that their standard of living drops post-divorce. This is so as there are now two households that need to be maintained. When the couple lived together, there was only one bond or rental amount to pay, one municipal bill, and the entire family used the family car. Now it has doubled, placing a strain on the resources the parents have. Therefore, one needs to be practical as to what amount of maintenance one claims under these situations. The belt needs to be tightened when it comes to non-essentials. However, the parents must try their utmost to ensure that the minor children’s standard of education does not drop.

Child Custody Tips and Tricks

This aspect is one of the trickiest aspects regarding a divorce matter. Have a look at this article on How to win your child custody and access court case – Tips and Tricks. Here as well, similar principles can be applied to child custody issues in a divorce court. With regard to the scenario above, it would make sense that the father is awarded custody over the minor children and the mother reasonable contact. Her contact rights should accommodate her busy work schedule. That may either be every second weekend, every second day after school or once a month. It all depends on the facts of the case.

Busy Parents when it comes to Access

No parent should be punished for their work schedule. If the mother in the future gets more time off work, then provision should be made for that. In the same manner, should the father be gainfully employed in the future, then the mother would also need to come to the party and make more time for the children.

Fights over Child Custody

If the parties are in a battle regarding who should get custody of the minor children, then focus should be centred as to what is in the minor children’s best interests. The focus should be as to who can care better for the children in substance, and not in theory. Many parents say they can care better or will care better than the other parent, but have nothing to back up such bold allegations. No one is perfect, but if you demonstrated that you cared well for your child in the past, it may be best to leave things the way they are.

Badmouthing the other parent – Not a good idea

The focus should not be on badmouthing or finding faults in the other parent. You will annoy the court and your lawyer. Nonetheless, it won’t assist you in any way. If you truly care for your children, place personal issues aside, and put your children first. Even if the reason for the divorce is domestic violence, a level head should still be maintained.

Final words on how to win your divorce case

The advice in this article is not intended to trick the courts into finding in your favour. In our view, winning is getting what you are entitled to. To state it differently, losing would be not getting what is fair. So even if you paid for everything in the joint estate, and leave with half, that is still winning. Many people ask for the impossible in the divorce summons and do not receive it. This is either due to bad legal advice, or a case based on unsound judgment. Losing would be leaving with less than half if there was no legal basis for it. But if you feel that you want to give your spouse more than half, then do so.

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Posted on 11 February 2025 by Telelaw