Advocate Muhammad Abduroaf Western Cape High Court
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Family Legal Products
Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products:
| Ante-nuptial Contracts | R 2 100 – 00 |
| Basic Will Drafting | R 1 000 – 00 |
| Email Legal Advice (per question) | R 299 – 00 |
| Family Trust Registration | R 7500 – 00 |
| Shariah Will Drafting | R 950 – 00 |
| Unopposed Divorces | R 9500 – 00 |
Business legal services
Are you a business owner or self-starting business enthusiast? For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. 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
Family Trust Registrations
The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed. Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:- Understand why you are setting up the trust: think about the purpose of the trust.
- What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
- Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
- Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
- Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
- Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
Family Trust VS your Last Will and Testament
First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Connect with us! Posted on by Telelaw
What are my rights as a Muslim Spouse in South Africa with regard to property and children? I want to divorce my spouse. Does South African Law protect my rights to property and children?
Muslim Marriages concluded in the traditional sense are not the same legally as a marriage concluded in terms of South African law. For example, in terms of the Marriage Act 25 of 1961. There have been cases dealing with this problem, a prominent one being Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) (28 June 2022). However, despite a person being married in terms of Muslim Rites, you still have the protection of the South African laws. This article deals with your rights regarding property and minor children.What are my property Rights?
Parties married in terms of Muslim Rites are deemed to be married out of Community of Property without the accrual regime. Basically, what this means is that each party owns his or her own property during and after the marriage. There will be no automatic sharing of assets after the marriage unless there is another legal basis, therefore.Parental Rights (Child Custody/Guardianship)
There is no distinction between parents who were married in terms of Muslim Rites or South African Civil law when it comes to parental rights. However, if there is a dispute, the parents of a Muslim marriage will have to approach the Court after they divorce regarding custody and child maintenance. In a civil marriage, the divorce could deal with those issues.How do I approach the Court to enforce my parental rights for contact with my child?
If you are a parent to a child, you may approach the Children’s Court or the High Court for assistance regarding your rights to your child. It does not matter that you were married in terms of Muslim Rites.How do I approach the Court to claim child maintenance?
You may approach the Maintenance Court in the area where you work or reside to open a case for child maintenance. That would apply whether or not you are married in terms of Muslim Rites or not.
Posted on by Telelaw