Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights

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Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights

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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 Port Elizabeth?

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 Port Elizabeth, 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

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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

What is a parenting plan?

A parenting plan is a written document that outlines the duties and responsibilities of parents after a divorce. A well-drafted plan will reflect the best interests of the child. Visit schedules, visitation rights and custody rights forms the foundation of a parenting plan. A parenting plan can be seen as a shared legal contract or mutual agreement between parents after a divorce. [caption id="attachment_4539" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption]

Are parenting plans legally binding?

Parenting plans are not necessary legally enforceable. Circumstantially, if a parent fails to comply with an agreement, the court will not intervene.  A parenting plan is to find a common ground between parents to reinforce their rights and responsibilities after divorce. [caption id="attachment_4541" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption]

What to include in a parenting plan

Parenting plans form part of Family Law. Your family legal expert should be able to guide you through the process of drafting your parenting plan. At Our Lawyer Pty Ltd, the family legal expert has years of professional experience in legal drafting. [caption id="attachment_4544" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Our law offices operate by appointment only so feel free to have your online appointment made for a legal consultation. In the grander scheme of things, the legal expert will be advising you through the process. Both parents will be able to sit down with the legal expert to discuss a way forward in their child/children’s lives after divorce.

Parenting plan in terms of the Children’s Act

The Children’s Act reflects the child’s rights and best interest of the child which works in close collaboration parenting plans. Meanwhile, the legal expert carries a wealth of legal expertise which comes in handy when drafting your parenting plan professionally. [caption id="attachment_4545" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today! Get your professional legal parenting drafted today.  
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