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Frequently Asked Questions and Answers on Prenuptial and Ante-nuptial Contracts

How does a pre-nuptial contract work?

How many years is a prenuptial agreement good for?

What is a prenuptial agreement in marriage?

How long should you wait to get married after signing a prenup?

Can you get a prenup after you get married?

Can a prenuptial agreement be overturned?

How much does it cost to get a prenuptial agreement?

Can a will override a prenup?

What good is a prenup?

What are ante-nuptials?

Can you do a prenuptial agreement after marriage?

Can a prenuptial agreement be voided?

How long does it take to draw up a prenuptial agreement?

Can you get a prenup for future assets?

Can a prenup protect future inheritance?

Is my husband entitled to half my inheritance?

How much money can you inherit before you have to pay taxes?

Can you get a postnuptial agreement?

How do you get a prenuptial agreement?

Are post NUPS legal in South Africa?

Are postnuptial agreements valid in Cape Town?

What does a postnuptial agreement mean?

What is a marital agreement?

Is marriage a covenant or a contract? How long does it take for a divorce to be final after signing papers? What is the meaning of Antenuptial? Can you change your marriage contract after marriage? What does an invalid marriage mean? What does it mean to be married out of community of property? What is COP marriage? What does it mean to be married in community of property? What is a marriage settlement? Is a marriage a legal contract? What does it mean to contract a marriage? What is a settlement agreement in a divorce? Can a marriage settlement agreement be changed? Is a prenup a contract? Are prenuptial agreements valid in India? Is contract marriage legal in India? What is prenuptial agreement in us? How long should you wait to get married after signing a prenup? What good is a prenup? Can you deny a divorce? Do you have to go to court for an uncontested divorce? Do you have to have a lawyer to get a divorce? How do you get a divorce if you have no money? Can you get a divorce without a signature? Can you reopen a divorce case? How long do you have to respond to a divorce? Is money received in a divorce settlement taxable? Is a divorce agreement legally binding? How long does it take to get a final decree of divorce? Is a mediated agreement legally binding? Can you settle a divorce out of court? Can you appeal a divorce settlement? How do you enforce a divorce decree? How long does it take for a divorce to be final after signing papers? Can a separation agreement be changed after divorce? Can you have a divorce reversed? Can you have a divorce decree amended? How long do you have to file an appeal in a divorce case? Can a divorce be undone? Can I change my divorce settlement? Can you stop a divorce once you file? What is an appeal for divorce? Can a divorce agreement be amended? Can divorce papers be changed? Can you change a mediation agreement? How do I change my divorce decree? Can you ask for alimony after the divorce is final? What is an amended petition for divorce? What happens after you file a divorce petition? What does amend mean in court? What does it mean when a charge is amended? Can prosecutor change charges during a trial? Can a judge drop all charges? Can a judge change a verdict? Can a judge overrule the assessors? How can a judge be removed from office? Can a sentence be increased on appeal? Can a judge direct a guilty verdict? Can a prosecutor overrule a judge’s decision? What does notwithstanding the verdict mean? Can you appeal against a not guilty verdict? Can you appeal a jury verdict?

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

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 Carletonville

Whether you claim child maintenance in Carletonville, 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 Carletonville.

The maintenance scenario – Carletonville 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 Carletonville
2. The child is cared for by the mother who works in Carletonville
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 Carletonville
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 Carletonville, it would be the maintenance court in Carletonville. 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 Carletonville, 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 Carletonville Maintenance Court?

Once you have been notified of the maintenance court date by the Carletonville 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 Carletonville?

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