child custody, child access, divorce, child maintenance, parenting plans, Cape Tow, South Africa

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child custody, child access, divorce, child maintenance, parenting plans, Cape Tow, South Africa

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

Do you have any specific question on pre-nuptial or ante-nuptial contracts  similar to that below? If yes, feel free to post it below. We will try to answer them for you as best we can.

How does a pre-nuptial contract work?

A pre-nuptial or ante-nuptial contract is an agreement an unmarried couple enters into before they get married. I deals with the proprietary aspects of their marriage and other related issues. For example, it would deal with what matrimonial property regime applies to the marriage. For example, whether they will be be married “In Community of Property and Profit and Loss”, or “Our of Community of Property and Loss”with our without the Accrual Regime. In an Ante-nuptial contract mention can also be made of what assets are excluded from the joint estate etc. Below are some questions that people have  in relation to to ante-nuptial contracts. The Pre-nuptial agreement is executed, or signed before a Notary Public who then registers the document at the office of the Registrar of Deeds. In this way, the information in the Ante-Nuptial Contract becomes public.

How many years is a prenuptial agreement good for?

For the entire duration of the marriage.

What is a prenuptial agreement in marriage?

It is an agreement a couple enters into before the marriage.

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

You can get married the next day.

Can you get a prenup after you get married?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be overturned?

Yes, if it was fraudulently done.

How much does it cost to get a prenuptial agreement?

Different places have different costs.

Can a will override a prenup?

No it cannot.

What good is a prenup?

One that is well written with no ambiguity.

What are ante-nuptials?

Agreements before the marriage.

Can you do a prenuptial agreement after marriage?

No. You should then enter into a postnuptial contract. You need to consent of the high court for that.

Can a prenuptial agreement be voided?

Yes it can, if there was fraud involved.

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

A good lawyer should take less than an hour for a basic one. A complicated one could take much longer.

Can you get a prenup for future assets?

Yes you can.

Can a prenup protect future inheritance?

Yes it can.

Is my husband entitled to half my inheritance?

It depends what the will of the person says.

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

You need to speak to an accountant for that.

Can you get a postnuptial agreement?

Yes, but you need the High Court’s Consent before you can register it.

How do you get a prenuptial agreement?

You should see a lawyer.

Are post NUPS legal in South Africa?

Yes, it is.

Are postnuptial agreements valid in Cape Town?

Yes it is. You need the High Court’s Consent.

What does a postnuptial agreement mean?

An agreement, the same and an antenuptial agreement, but entered into after the marriage.

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?

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Our Legal Question of the day: I am in an abusive relationship. Is there help out there?

[caption id="attachment_6386" align="alignleft" width="300"]Set up a Consultation with us. Set up a Consultation with us.[/caption] No one deserves to be in an abusive and controlling relationship or be a victim of abuse. The causes and symptoms of abusive and controlling, romantic relationships vary. However, the unfortunate reality is that many decent people are trapped in one. And what is sad, is that they do not know how to get out of the toxic relationship, or to make it stop. There are many reasons why people remain in an abusive and controlling relationship. Some depend on the abuser for financial support, and others believe that they cannot or won’t get better should they leave their abuser.  The even more bitter scenario is when you remain in the abusive relationship for the sake of the children.
We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

 Family Abuse

Then there are other types of abusive relationships. They comprise of a parent abusing his or her child, or a brother abusing the sister. Even neglecting a child is abuse. This can happen when parents deprive their children economically, of decent clothing, food and shelter. The list goes on. The law terms the above type of abusive relationships under the banner of Domestic Violence. At the same time, the law affords victims of domestic violence help. The applicable legislation is the Domestic Violence Act, 116 of 1998.

What is a Domestic Relationship?

As you would see below, domestic violence is any controlling or abusive behaviour inflicted to someone in a domestic relationship. Therefore, in short, according to the Act, a domestic relationship is between family members, people living together, or people who were in a romantic relationship. You do not have to be married to someone to seek help from the law. An adopted child can also seek protection from the Domestic Violence Act. This makes it very convenient as most domestic relationships are covered by the Domestic Violence Act.

 Therefore, what is domestic Violence?

The Domestic Violence Act defines it as follows:
  • Physical abuse;
  • Sexual abuse;
  • Emotional, verbal and psychological abuse;
  • Economic abuse;
  • Intimidation;
  • Harassment;
  • Stalking;
  • Damage to property;
  • entry into the complainant’s residence without consent, where the parties do not share the same residence; or
  • Any other controlling or abusive behavior towards a Complainant.
Now, as you can see, the ambit of domestic violence is quite broad. It should cover most situations.

How to stop the abusive behavior?

Now we deal with the crux of our question and answer segment on Domestic Violence. How can you make it stop? If you are a victim of domestic violence, and you want protection, you should visit your local Domestic Violence Court and obtain a Protection Order. For an outline on how to apply, visit this article named ABC guide on how to obtain a Protection Order. Even though you are seeking protection from the law, you can still maintain a relationship with the person, but he or she would be interdicted from committing any acts of domestic violence against you.  If he or she again commits an act of domestic violence, after you obtained an interim, or final Protection order, the law would ensure that he or she gets punished.

Final words to victims of Abuse

If you are a victim of abuse, remember the law is there to protect and help you. Unfortunately, the law cannot change people’s personalities. It further cannot make someone love you or care for you the way they should, or you want them to. However, if you have no option but to remain in a relationship, with your spouse, lover, or other significant person, seek protection. Most times, that is the best you can do for yourself and those close to you.

Sharing is Caring

[caption id="attachment_6387" align="alignleft" width="300"]Business Legal Advice - Cape Town Contact us today[/caption] This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.  
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Most family law matters come with heightened emotions and stress. It, however, does not always have to be that way. Staying focused and rational is important to get the best results.

Many legal practitioners will tell you, the one aspect of family law, that differentiates it from other branches of law, is the emotions that it brings to their clients. It would often happen that a client breaks down, or sheds a tear in your office. This is understandable, as family law issues have a lot of history behind it. Even simple family law legal matters, for example, the terms of an antenuptial contract, can stir emotion. The lawyer under such cases has to act as a mediator, pacifier and legal advisor at the same time.

Types of family law matters that cause heightened emotions and anxiety

Before we delve into this topic, let us first bring things into perspective. These are some of the family law matters we are referring to:
  • Divorces (Contested or Undefended);
  • Domestic Violence matters;
  • Child maintenance disputes; and
  • Child custody disputes.
The actual list is more extensive. You may even want to consider including last wills and testaments and winding up of deceased estates. As can be seen from the types of matters mentioned, there are always children involved or personal relationships. Some of these relationships have lasted for decades. We often see people who were married for more than 30 years, getting divorced. And in other cases, the relationship, albeit personal, could have been for a very short while, but still, elicit a lot of emotions. For example, a domestic violence family legal matter.

The personal nature of family matters makes it harder to deal with

One of the challenges for a legal practitioner is to try to convince the client that he or she should trust the law, and not focus too much on the other party. For example, in a divorce matter, where a spouse has been abused or constantly been bullied during the relationship. The abused spouse would very often agree to sign away everything just to get divorced speedily. This is not only unfair but could lead to many issues in the future. This situation must be avoided at all costs.

Intimidation in abusive relationships

Then we have the challenge in a domestic violence matter. A party who has been abused would agree on withdrawing an application for a protection order, even though it is dangerous to do so. Or there is the situation where a party would agree that a protection order is issued against them due to being intimidated either by the other party or by his or her lawyer. This they do not do because of having committed domestic violence, but just to get the matter over and done with. The consequence of that is the applying party would have an interdict and a warrant of arrest against you which may be abused.

Intimidation in child maintenance or alimony cases

We cannot count the number of times we have been told that the reason why a parent does not want to approach the maintenance court, is due to being told by the other parent that he or she will get much less than what they are currently receiving. This is emotional and psychological abuse and not in the child’s best interest. One reason for believing the abuser is due to the relationship the parties had. The abuser was controlling and abusive during the relationship, and the victim has been brainwashed into believing everything the abuser said.

What people must try to understand in family legal matters?

Although it is understandable for someone to be anxious when dealing with family law related matters, it is important to note that issues need to be dealt with properly. If your spouse was abusive during your relationship, that does not mean it has to continue after your relationship ended. There are laws in place to protect people from abuse and violence. For example, the Domestic Violence Act. If you make use of the law, you would have a better chance of getting the legal results you want. Go to the police if necessary.

Final words to people who are intimidated by, or is afraid of the other party

Although it is easier said than done, we implore people not to allow themselves to be bullied when it comes to family law matters. This includes being intimidated by the other party, or his or her lawyer. If you have rights; enforce them. Believe in yourself and your cause and others will learn to respect it. Many cases are won by unrepresented litigants who were up against a team of lawyers. Moreover, no one has the right to belittle you or deny you of your rights. Take a stand and fight for what is right. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws  

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