Divorce Services and Advice
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When getting divorced, always consider: Child Maintenance, Child Custody, Parenting Plans, Assets and your Legal Options
1. Divorce – your legal options
Our law offices have a number of legal options that can be well explained for you by the legal expert. Divorce can be a costly affair, leaving a burning hole in your pocket. However, with the right legal expert on board, this needn’t be the case. The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas for your divorce, see the following links:- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa
comprising of: The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel free to call our law offices on 021 424 3486 for an online appointment today. Are you unable to take off from work to personally come and see us? No problem. We cater for telephonic consultations as well, whereby you could consult with us in the comfort of your own home. This applies to those residing out of the Western Cape as well. For some free helpful, online divorce tools, visit our Free DIY Online Tools to get Divorced. Call our law offices on 021 424 3486 for an online appointment today. 2. Assets and Divorce
We often find that two people who wish to get divorce sometimes fail to understand how their assets are divided in a divorce. At this point, the most important part is ensuring that you get what you deserve in your divorce. This phenomenon can be stressful on the partner who is the bigger income earner – or particularly the partner that owns shares and property. Most of the time, he/she wants to know if their spous can claim accrual in the event of a divorce. Our legal expert therefore urges you to have an Anti – Nuptial Contract (ANC) in place which can protect your assets in the case of a divorce.3. Having a parenting plan in place
A parenting plan is an agreement between the two parents in which both parents found a common ground with regards to visitation rights with their children. The agreement should however, reflect the child’s best interest. As for drafting your parenting plan, we able to tailor your parenting plan according to the unique circumstances in a manner that will benefit both. The aim when drafting a parenting plan is to ensure that the children gets maximum benefit from both parents so that they don’t feel lost in the process of a divorce. Lets face it, divorce is as hard as it is and even more so, when children are involved. The last thing you’d want is have them suffering in the process. For more on child custody, divorce, child maintenance and professional legal drafting, call our law offices on 021 424 3487 for an online appointment today. Do feel free to visit our Parenting Plans Questions and Answers page for your convenience. Call our law offices on 021 424 3486 for an online appointment today. Get connected with us!4. Child Maintenance
A divorce is always tough. However, a divorce involving children becomes even tougher due to the myriad of factors involved which opens a whole new can of worms for other legal issues. Child Maintenance and Child Custody can complicate and drag the whole process, unfortunately. Do not despair. In the How to Apply for Child Maintenance at Court – Step by Step Guide and Advice, our legal expert explains this process in an accurate, detailed manner:How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
Step 1 … Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance from, e.g. his/her home and work address and identity number. Step 2 … Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you therefore have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another. Step 3… From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court. In the notice to appear for the maintenance enquiry it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file. Step 4 … This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial. Remember, if you are a father or a person currently paying maintenance / child support, a reduction is possible. The same goes for an application for an increase in maintenance / child support Download the Free Child Maintenance Calculator and start the process regarding child Maintenance today. You would be guided on the law and how much maintenance may be claimed. For more free expert, legal advice on Child Maintenance, click on the following links below:- Child Maintenance Question. How much should I pay or contribute as a parent?
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Do you wish to consult with us telephonically or face to face? Feel free to make an online appointment via our website, or call our law offices on 021 424 3487 for an online appointment today.5. Child Custody
We have fathers coming to visit our law offices on a regular basis – asking us: What do we do from here? How do I obtain visitation rights? Am I entitled to child custody? These are the common concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below:- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today! For additional expert, legal advice information that can be helpful with your divorce, click on the following links below:- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
- Divorce guide
For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!
Posted on by Telelaw
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
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 Kimberley?
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 Kimberley, 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