Best advocate in South Africa – Referral and Trust Account – Advocate Muhammad Abduroaf

Best advocate in South Africa – Referral and Trust Account – Advocate Muhammad Abduroaf

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Legal Trouble

The thing about the law is that you don’t have to be doing anything wrong to get into trouble. One can make innocent mistakes and get on the bad side of the law. This can be very costly when you’re running a business. At our law offices, we offer professional business legal advice and guidance that will steer your business in the right direction. We offer the following business legal services:
  • Business Legal Support
  • Business Legislation Compliance
  • Drafting of Business Contacts
  • Drafting Employment Contacts
  • Business Legal Training
  • Private and Non Profit Company Registrations
  • Credit Profiles
  • Business Trusts Registration
Do not hesitate to call our law offices on 021 424 3487 for an
online appointment to consult with the legal expert in any of the following business areas listed above. Here is why you should consider legal backup before your business can hit a potential snag…

Business mistakes can be costly

Whether you’re long in the game of business or just testing the waters, mistakes can unfold easily. You could be closing a business deal not realizing you signing your life away. It is times like this where the expertise of a legal expert could come in handy. Do not wait for your business to crash –act immediately and have your legal team on board.

Legal bullying

If you’re a newly flourished business, small but successful, you could start gaining the attention of big businesses. Silly, petty mishaps like marketing content, incorrect wording or images, can pose a threat to your business. Most small, self-starting business enthusiasts don’t have the legal back up immediately and big businesses know this. And so, they try and threaten your business will law suits for incorrect marketing content and so forth. These legal issues can suck your hard earned business dry should you fail to have the necessary legal back up in place. It is important that you keep all receipts and financial records of the money coming in and going out. Should there arise any financial disputes with other businesses; the black and white proof will be there for the legal expert. The numbers don’t lie!

Business Legislation Compliance

When it comes to business legislation compliance, the legal expert advises that a business should not be started without legal support. “All businesses are required to comply with legislation. Furthermore, certain laws would be specific to your business. It is therefore important that you and your staff understands, and complies with the various legislative and other measures in place in relation to your business. Therefore, no person should start a business, or continued running it, without knowing what are all the legal requirements involved. Other than the necessary licenses that might be required for the operation of your business, there are also tax issues, and various legislation that needs to be adhered to. By way of example, if your business makes use of chemicals, the environmental laws needs to be adhered to. Legal requirement would also apply if you intend exporting goods or decide to run a transportation business. There are also internal requirements that needs to be attended. Here reference is made to UIF for employees, unions, insurances etc.” Find out more on the importance of the legal and business services we offer and feel free to call our offices on 021 424 3487, for an online appointment today!

Family Legal Consultancy – Free, expert family legal advice

What sets our consultancy aside from the rest is that we incorporate family legal matters as well – with the legal expertise of the legal expert, we are able to advise on family legal matters. Below are family legal topics we deal with: We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself: Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today! The creators of this website had  

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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