Child custody for fathers During our years of experience in dealing with child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a Continue Reading
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Divorce process step by step
Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that’s easily accessible through our website. [caption id="attachment_4409" align="alignleft" width="300"]
Call our law offices: 0211110090 Email:[email protected][/caption] Feel free to click on the links below and find out more about our legal expertise:- Basic Divorce Guide – Western Cape High Court
- Divorce Notice Of Set Down – Cape Town High Court Cape Town
- Divorce Particulars Of Claim Western Cape High Court Cape Town
- Do Your Own Unopposed Divorce. No Lawyers Needed.
- Free Online Divorce Assistance Form DIY
- South Africa – frequently asked questions for divorce
- Summons Divorce Western Cape High Court Cape Town
- Twenty One (21) Uncontested divorces in the Western Cape High Court today.
Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. [caption id="attachment_4410" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today!Divorce Court Cape Town
When it comes to divorce, there are two types: contested/opposed or uncontested/unopposed divorce. An opposed divorce can make matters very complex and take over years whereas the unopposed divorce can be done over 3 weeks. [caption id="attachment_4411" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] It is however, true the manner in which a divorce can unfold will depend on the religious nature of marriage. For instance, is it a civil marriage or civil union? A court order will then be required under such circumstance. Getting divorce in the High Court can be a costly, time consuming legal affair due to flooded court rolls and postponed dates. Thankfully, one can now resort to getting a divorce through the Regional Court of the Magistrates’ Court which in turn, lessens the plight of the High Court. [caption id="attachment_4412" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] For unopposed divorce, speak to our family legal expert today and have some direction as the way forward to getting your divorce done. You can also find out more about our DIY divorce service which is less costly and time consuming.Free divorce South Africa
We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate. [caption id="attachment_4413" align="alignleft" width="300"]
Call our law offices on: 0211110090 Email: [email protected][/caption] Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street. When visiting us for your legal consultation, you have he luxury of a professional setting and free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation. Connect with us!
Divorce process step by step Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that’s easily accessible through our website. Feel free to click on the links below and find out Continue Reading
Custody cases South Africa
Our law offices are situated in the heart of the CBD in a professional, safe settings. We are family legal experts when it comes to handling child custody, divorce and child maintenance legal matters. Throughout our years of experience, we have found that the legal rules for child custody tends to favor the mother, unless the mother happened to be unstable. [caption id="attachment_4243" align="alignleft" width="300"]
Call: 0211110090
Email: [email protected][/caption] As time passed, the rules have changed and in turn, accommodates for the rights of fathers as well. With different circumstances constantly arising in custody battles; the law have had to adapt under these changing priorities as well. Today, fathers are more aware of their legal rights and make it their duty to educate themselves about their rights. Our Lawyer Pty Ltd is a professional legal consultancy that offers legal services and to cater for the layman, we have managed to compile a range of child custody legal articles with expert legal advice. 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?
Feel free to call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? No problem Simply make use of national number on 087 701 1124 today.Child custody for fathers
As previously mentioned, child custody rights are usually awarded to the father if the mother happens to be an alcoholic or substance abuser. Times however, have proven that there’s no hard and fast rule when it comes to awarding custody rights. The court will decide within the best interest of the child whilst the Children’s Act will be used as a guideline by legal experts on the way forward. [caption id="attachment_4241" align="alignleft" width="300"]
Call us on 0211110090
Email: [email protected][/caption] At the end of the day, the relationship between the parents plays a crucial role as both parents will need to reach a mutual agreement. A parenting plan is a common way of helping the estranged parents find a common ground. This agreement can be changed along the way as the circumstances or nature of the situation changes. Father however, should have equal access to their child and should be able to have visitation rights as well.Parental rights in South Africa
The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. [caption id="attachment_4268" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] When terminating parental responsibilities and rights, the court will:- What is best for the child rather than parents
- The relationship between the child and guardian
- The dedication the guardian has shown to taking care of the child and
- Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!
Custody cases South Africa Our law offices are situated in the heart of the CBD in a professional, safe settings. We are family legal experts when it comes to handling child custody, divorce and child maintenance legal matters. Throughout our years of experience, we have found that the legal rules Continue Reading
Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll
Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no possibility of saving it, then why fight any longer? If both parties act fairly, there is no need to spend thousands of Rands on legal fees. That money can be used on starting a new life. If there are minor children involved, then the money saved in avoiding litigation can be used on them. At the end of the day, no one really benefits from a long drawn out or protracted contested divorce process.What is the simplest divorce?
The simplest divorce is when the parties are married out of community of property and profit and loss, with the exclusion of the accrual regime. What this means, it that whatever property a spouse owns during the marriage, still belongs to him or her after the marriage. There is also no need to pay the other spouse any amount after the divorce as an accrual. The simplest divorce would also require there to be no minor children born from the marriage. In other words, all the children are adults or there were none. Lastly, neither party claims personal maintenance or alimony from the other spouse. If the above scenario applies, then all that the divorce court would have to do is ascertain whether or not the marriage has irretrievably broken down, and grant a decree of divorce. There is no issue regarding child maintenance, custody issues, or proprietary rights. It’s a simple divorce and easily finalised.What do couples usually fight over in the divorce process?
As can be seen from the above, if a couple has children, things may turn out to be complicated. The parents may dispute who should have primary care or custody over the minor children. Then there is the issue of child maintenance, and the amount thereof. This latter issue is usually a stumbling block when it comes to the finalisation of a divorce. Some parents are unreasonable in their request, and others again don’t want to pay or contribute what is fair and reasonable.The matrimonial property regime
If the parties are married in community of property, there should be an equal division of the joint estate. However, parties still find a way to argue on this aspect which makes the divorce a contested one. The same applies should the spouse be married out of community of property with the inclusion of the accrual regime. Most of the time, the divorce gets settled just days before the divorce date, after both parties spent thousands of Rands on legal fees.The notice of set down in divorce matters
After the divorce, summons has been issued and served, and the divorce is uncontested, a notice of set down must be filed at the divorce court. Usually, it’s 10 days after the divorce summons was served on the other party. Basically, the notice of set down advises the court and the other party that the divorce is going to be heard on a certain date. Once the notice of set down is filed, the divorce matter would be placed on the court roll for the divorce to be finalised.What happens on the unopposed divorce court date?
Once the notice of set down has been filed and the divorce date has arrived, one of the parties, usually the plaintiff would have to appear at court to give evidence. Basically, he or she needs to confirm that the marriage has broken down, the court has jurisdiction and that all aspects have been resolved. This is usually done with a consent paper. If the parties were married out of community of property without the accrual regime and there are no minor children, then there is no need for any other documents to be filed.What happens after the divorce has been granted?
Once the divorce has been granted, the parties can move on with their lives. They may remarry incur debt in their own name and so on. A few days after the divorce, and depending on the specific court, the parties would be able to collect a document called a final decree of divorce. This document would confirm to the world that they are divorced.Free Online Divorce Form and Guide
If you want to attend to your own uncontested divorce, we can to help you kick start it at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. [ninja_form id=35] Have a family Law appointment with us We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
Case no.: JOHN WILLIAMS PLAINTIFF
(Identity Number: 0000000000000) And JANE WILLIAMS DEFENDANT
(Identity Number: 1111111111111 NOTICE OF SET – DOWN
KINDLY BE ADVISED that Plaintiff hereby sets the above matter down for hearing for 2015 at 10:00 or so soon thereafter.
Kindly enrol the matter accordingly.
DATED AT SIGNED AT CAPE TOWN THIS___DAY OF __________________2017. ______________________
Per: JOHN WILLIAMS
(Plaintiff in Person)
4 Green Street,
Greenland,
WESTERN CAPE TO: THE REGISTRAR
HIGH COURT
CAPE TOWN AND TO: JANE WILLIAMS
1 Apple Street,
Apple Town,
WESTERN CAPE
_________________o0o_________________
Uncontested divorces – Notice of Set Down for undefended and uncontested divorce matters – The document used to place your divorce on the divorce court roll Undefended, unopposed or uncontested divorce cases are what all divorcing couples should strive towards. If the marriage broke down completely and there is no Continue Reading
I have a maintenance order for my children – but the father of my children does not pay. Is this allowed? What can I do?
Non-compliance with Maintenance Orders — Civil and Criminal Remedies
[Updated on 12 October 2020]
Many mothers (and sometimes fathers) go through great lengths to obtain a maintenance order against the other parent. This the mother found necessary as the father either did not want to pay child support at all or not an adequate amount. The mother then had to approach the maintenance court, for assistance. The process could have taken many months and sometimes, over a year to finalise. But now that she has the Order, he still does not pay. Can she do anything? Or does she only have in her possession a useless piece of paper with the word “Order” written on it? Before we tackle the above scenario, this blog post does not only deal with non-compliance with maintenance orders originating in the maintenance court. Most divorce orders made, where there were minor children involved have in it child maintenance provisions. The divorce court (High Court or Family Court) would not divorce the couple unless it is satisfied that the child’s best interests are taken care of after a decree is granted. And in many cases, the divorce could have taken months, if not years to finalised. And in those very cases, the amount of child maintenance to be paid was the stumbling block. Moving forward, this blog post would then be useful to anyone that has a maintenance order in place, and which is not being complied with. The provisions that are not being complied with may either relate to the cash component, school fees, medical aid and so on. Some maintenance orders are vague which causes problems when it comes to its enforcement. Therefore, ensure that your maintenance order is simple, and to the point.What can the mother do if the father does not pay maintenance?
There are a few routes a parent can follow when a maintenance order is not complied with. For the purpose of this article, we will presume that the Maintenance Order was granted in the Maintenance Court. If it was granted in the High Court, for example, there are other options which may, or may not be as effective as that afforded by the Maintenance Act 99 of 1998 which we deal with below. It all depends on the facts of the case. When it comes to the Maintenance Act, there are two routes. The one is the civil route, and the other, the criminal route. Let us next unpack the law.Civil Route in the Maintenance Court
The Maintenance Act
Chapter 5 of the Maintenance Act 99 of 1998 deals with the civil execution of maintenance orders. We pasted sections 26 to 30 of the Act below for your convenience. You therefore do not have to search the web and read through endless documents and sections to get to the right place. It is all here. The sections are quite long but provides useful information for someone searching the web for answers. Below that, we provide the regulations. It is always advisable to read any Act with its accompanying regulations. “26 Enforcement of maintenance or other orders (1) Whenever any person- (a) against whom any maintenance order has been made has failed to make any particular payment in accordance with that maintenance order; or (b) against whom any order for the payment of a specified sum of money has been made under section 16 (1) (a) (ii), 20 or 21 (4) has failed to make such a payment, such order shall be enforceable in respect of any amount which that person has so failed to pay, together with any interest thereon- (i) by execution against property as contemplated in section 27; (ii) by the attachment of emoluments as contemplated in section 28; or (iii) by the attachment of any debt as contemplated in section 30. (2) (a) If any maintenance order or any order made under section 16 (1) (a) (ii), 20 or 21 (4) has remained unsatisfied for a period of ten days from the day on which the relevant amount became payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the maintenance court where that person is resident- (i) for the authorisation of the issue of a warrant of execution referred to in section 27 (1); (ii) for an order for the attachment of emoluments referred to in section 28 (1); or (iii) for an order for the attachment of any debt referred to in section 30 (1). (b) The application shall be made in the prescribed manner and shall be accompanied by- (i) a copy of the maintenance or other order in question; and (ii) a statement under oath or affirmation setting forth the amount which the person against whom such order was made has failed to pay. (3) A maintenance court shall not authorise the issue of a warrant of execution or make any order for the attachment of emoluments or any debt in order to satisfy a maintenance order- (a) if the payment of maintenance in accordance with that maintenance order has been suspended by an appeal against the order under section 25; or (b) if that maintenance court has made an order referred to in section 16 (2). (4) Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under any warrant of execution or any order issued or made under this Chapter in order to satisfy a maintenance order.
27 Warrants of execution (1) The maintenance court may, on the application of a person referred to in section 26 (2) (a), authorise the issue of a warrant of execution against the movable property of the person against whom the maintenance or other order in question was made and, if the movable property is insufficient to satisfy such order, then against the immovable property of the latter person to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the execution. (2) (a) A warrant of execution authorised under this section shall be- (i) prepared in the prescribed manner by the person in whose favour the maintenance or other order in question was made; (ii) issued in the prescribed manner by the clerk of the maintenance court; and (iii) executed in the prescribed manner by the sheriff or maintenance investigator. (b) The person in whose favour the maintenance or other order in question was made shall be assisted by the maintenance investigator or, in the absence of a maintenance investigator, by the maintenance officer in taking the prescribed steps to facilitate the execution of the warrant. (3) A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section, set aside the warrant of execution if the maintenance court is satisfied that he or she has complied with the maintenance or other order in question. (4) A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section- (a) in summary manner enquire into the circumstances mentioned in subsection (5); and (b) if the maintenance court so decides, suspend the warrant of execution and make an order- (i) for the attachment of emoluments referred to in section 28 (1); or (ii) for the attachment of any debt referred to in section 30 (1). (5) At the enquiry the maintenance court shall take into consideration- (a) the existing and prospective means of the person against whom the warrant of execution has been issued; (b) the financial needs and obligations of, or in respect of, the person maintained by the person against whom the warrant of execution has been issued; (c) the conduct of the person against whom the warrant of execution has been issued in so far as it may be relevant concerning his or her failure to satisfy the maintenance or other order in question; and (d) the other circumstances which should, in the opinion of the court, be taken into consideration. (6) (a) Any person who wishes to make an application under subsection (3) or (4) shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour the maintenance or other order in question was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
(b) The maintenance court may call upon- (i) the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or (ii) the person in whose favour the maintenance or other order in question was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary. 28 Attachment of emoluments (1) A maintenance court may- (a) on the application of a person referred in section 26 (2) (a); or (b) when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall authorise any employer of the latter person to make on behalf of the latter person such payments as may be specified in the order from the emoluments of the latter person until such amount, interest and costs have been paid in full. (2) (a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court. (b) Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard. (c) The maintenance court may call upon- (i) the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or (ii) the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary. 29 Notice relating to attachment of emoluments (1) In order to give effect to an order for the attachment of emoluments referred to in section 28 (1), the maintenance officer shall, within seven days after the day on which such order was made by the maintenance court or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on the employer concerned directing that employer to make the payments specified in the notice at the times and in the manner so specified. (2) Whenever any person to whom the notice relates leaves the service of the employer, that employer shall, within seven days after the day on which he or she so leaves the service, give notice thereof in the prescribed manner to the maintenance officer of the court where the order in question was made. (3) Any employer on whom a notice has been served for the purposes of satisfying a maintenance order shall give priority to the payments specified in that notice over any order of court requiring payments to be made from the emoluments due to the person against whom that maintenance order was made. (4) If any employer on whom a notice has been served for the purposes of satisfying a maintenance order has failed to make any particular payment in accordance with that notice, that maintenance order may be enforced against that employer in respect of any amount which that employer has so failed to pay, and the provisions of this Chapter shall, with the necessary changes, apply in respect of that employer, subject to that employer’s right or the right of the person against whom that maintenance order was made to dispute the validity of the order for the attachment of emoluments referred to in section 28 (1). 30 Attachment of debts (1) A maintenance court may- (a) on the application of a person referred to in section 26 (2) (a); or (b) when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any debt at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall direct the person who has incurred the obligation to pay the debt to make such payment as may be specified in that order within the time and in the manner so specified. (2) (a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court. (b) Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard. (c) The maintenance court may call upon- (i) the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or (ii) the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary. (3) An order made under subsection (1) may be enforced as if it were a civil judgment of the court.” 
The Regulations to the Maintenance Act
Chapter 3 of the Regulations to the Maintenance Act, deals with civil executions. Again, we provide it below. “Application for enforcement of maintenance or other orders- An application for –
(a) the authorisation of the issue of a warrant of execution; (b) an order for the attachment of emoluments; or (c) an order for the attachment of any debt, contemplated in section 26(2)(a) of the Act, shall substantially correspond with Form K of the Annexure. Warrant of execution- (1) A warrant of execution, contemplated in section 27 of the Act, shall –
(a) substantially correspond with Form L of the Annexure; and (b) be prepared in triplicate. (2) The person in whose favour the order was made shall prepare Part A of Form L of the Annexure and thereafter lodge the said form with the clerk of the maintenance court concerned. (3) On receipt of the warrant of execution referred to in subregulation (2) the clerk of the maintenance court shall issue the warrant of execution if he or she is satisfied that (a) authorisation for the issuing of a warrant of execution was granted; and (b) the warrant of execution has been properly prepared, by preparing Part B of Form L of the Annexure. (4) The clerk of the maintenance court shall after the warrant of execution has been issued (a) return the original warrant of execution and one copy thereof to the person in whose favour the order was made; and (b) file the second copy of the warrant of execution in the relevant file. (5) Any change on the warrant of execution shall be initialled by the clerk of the maintenance court.
(6) The person authorised to execute a warrant of execution shall complete Part C and, if applicable, Part D of Form L of the Annexure and return the form to the clerk of the maintenance court. Particulars of persons authorised to execute warrant of execution- A maintenance investigator or maintenance officer shall submit to the person in whose
favour the order was made particulars of the person authorised to execute the warrant of execution. Application for the setting aside of a warrant of execution- (1) An application for the setting aside of a warrant of execution by a person against
whom such warrant has been issued, contemplated in section 27(3) of the Act, shall substantially correspond with Part A of Form M of the Annexure. (2)(a) A notice of an application for the setting aside of a warrant of execution, contemplated in section 27(6)(a) of the Act, shall substantially correspond with Part B of Form M of the Annexure. (b) A person who applied for the setting aside of a warrant of execution shall submit the notice referred to in paragraph (a) to the person in whose favour the warrant of execution was issued in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted. Attachment of emoluments- (1) An application for the suspension, amendment or rescission of an order for the
attachment of emoluments, contemplated in section 28(2) (a) of the Act, shall substantially correspond with Part A of Form N of the Annexure. (2) (a) A notice of an application for the suspension, amendment or recission of an order for the attachment of emoluments, contemplated in section 28(2)(b) of the Act, shall substantially correspond with Part B of Form N of the Annexure. (b) A person who applied for the suspension, amendment or recission of an order for the attachment of emoluments shall submit the notice referred to in paragraph (a) to the person in whose favour the order for the attachment of emoluments was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted. (3)(a) A notice, contemplated in section 29(1) of the Act, to an employer shall substantially correspond with Part A of Form O of the Annexure. (b) The service of a notice referred to in paragraph (a) shall be in accordance with the provisions of regulation 26(1) or (2), as the case may be. (c) The return of service of a notice referred to in paragraph (a), if the notice is served in accordance with the provisions of regulation 26(1), shall substantially correspond with Part B of Form O of the Annexure. (4) (a) A notice, contemplated in section 29(2) of the Act, by the employer that the person against whom the order for the attachment of emoluments was made has left his or her service, shall substantially correspond with Part C of Form O of the Annexure. (b) The notice referred to in paragraph (a) shall be submitted to the maintenance officer of the court where the order was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted. Attachment of debts- (1) An application for the suspension, amendment or rescission of an order for the
attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part A of Form P of the Annexure. (2) (a) A notice of an application for the suspension, amendment or recission of an order for the attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part B of Form P of the Annexure. (b) A person who applied for the suspension, amendment or recission of an order for the attachment of debts shall submit a notice referred to in paragraph (a) to the person in whose favour the order for the attachment of debts was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
Summary on civil execution
From the above, it is clear that when it comes to the civil route, there are three (3) options to follow in order to obtain unpaid maintenance. They are: (1) by execution against property; (2) by the attachment of emoluments (Garnishee Order); and (3) by the attachment of any debt.How do you go about making use of the civil route?
The complainant must approach the maintenance court and make the necessary application. He or she would fill in a “Form K” which is headed “APPLICATION FOR ENFORCEMENT OF MAINTENANCE OR OTHER ORDER IN TERMS OF SECTION 26 OF THE MAINTENANCE ACT, 1998 (ACT No. 99 OF 1998)”. On the application, you should write down all relevant information, including how the amount owed is calculated and the whereabouts of the defaulting party. It is advised that you go to court with proof that the monies were not paid. Therefore, if maintenance had to be paid into your bank account, take a printout of your bank statements with to show that monies were not paid. You must also state what relief you want as outlined above. Once your application is in order, and by way of example you asked for attachment of emoluments, an order may be made against the defaulter’s employer to the effect that he or she makes payment directly to you by deducting it from the defaulting party’s salary. If the defaulter is unemployed and has property, then the route to follow is to ask for the execution of property. This means that the property would be sold and what is owing to you would be paid to you. Now let us move on to the criminal route.Criminal procedure
It is a criminal offence not to adhere to a maintenance order. Furthermore, one can be convicted for that. You can be liable on conviction to a fine or to imprisonment for a period not exceeding one year or to such imprisonment without the option of a fine. This is serious. Now let us unpack the law.The Maintenance Act 99 of 1998
Chapter 4 of the Maintenance Act deals with Offences and Orders relating to prosecutions when it comes to non-compliance with maintenance orders. We copied it below for your convenience. “CHAPTER 6 OFFENCES AND PENALTIES (ss 31-39) 31 Offences relating to maintenance orders (1) Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance order shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to such imprisonment without the option of a fine. (2) If the defence is raised in any prosecution for an offence under this section that any failure to pay maintenance in accordance with a maintenance order was due to lack of means on the part of the person charged, he or she shall not merely on the grounds of such defence be entitled to an acquittal if it is proved that the failure was due to his or her unwillingness to work or misconduct. (3) If the name of a person stated in a maintenance order as the person against whom the maintenance order has been made corresponds substantially to the name of the particular person prosecuted for an offence under this section, any copy of the maintenance order certified as a true copy by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the maintenance order was made, shall on its production be prima facie proof of the fact that the maintenance order was made against the person so prosecuted. (4) If a person has been convicted of an offence under this section, the maintenance officer may, notwithstanding anything to the contrary contained in any law, furnish that person’s personal particulars to any business which has as its object the granting of credit or is involved in the credit rating of persons. 32 Offences relating to examination of persons by maintenance officer (1) The provisions of sections 164 (2), 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of a person required to appear before a magistrate under section 8, and the magistrate may, subject to subsection (2), exercise in respect of that person all the powers conferred by section 170 (2) of the said Act and the said section 189 on the court referred to in those sections. (2) A person who is required to appear before a magistrate and who refuses or fails to furnish the information in question shall not be sentenced to imprisonment as contemplated in section 189 of the Criminal Procedure Act, 1977, unless the magistrate is also of the opinion that the furnishing of such information is necessary for the administration of justice. CHAPTER 7 ORDERS RELATING TO PROSECUTIONS (ss 40-41)
40 Recovery of arrear maintenance (1) A court with civil jurisdiction convicting any person of an offence under section 31 (1) may, on the application of the public prosecutor and in addition to or in lieu of any penalty which the court may impose in respect of that offence, grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order, together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of the court and shall, subject to subsection (2), be executed in the prescribed manner. (2) A court granting an order against a convicted person may- (a) in a summary manner enquire into the circumstances mentioned in subsection (3); and (b) if the court so decides, authorise the issue of a warrant of execution against the movable or immovable property of the convicted person in order to satisfy such order. (3) At the enquiry, the court shall take into consideration- (a) the existing and prospective means of the convicted person; (b) the financial needs and obligations of, or in respect of, the person maintained by the convicted person; (c) the conduct of the convicted person in so far as it may be relevant concerning his or her failure to pay in accordance with the maintenance order; and (d) the other circumstances which should, in the opinion of the court, be taken into consideration. (4) Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under an order granted under this section. 41 Conversion of criminal proceedings into maintenance enquiry If during the course of any proceedings in a magistrate’s court in respect of- (a) an offence referred to in section 31 (1); or (b) the enforcement of any sentence suspended on condition that the convicted person make periodical payments of sums of money towards the maintenance of any other person, it appears to the court that it is desirable that a maintenance enquiry be held, or when the public prosecutor so requests, the court shall convert the proceedings into such enquiry.” Now let us move on to the regulations
Regulations to the Maintenance Act dealing with the Criminal Route
“OFFENCES AND ORDERS RELATING TO PROSECUTIONS Complaints of failure to comply with orders- A complaint regarding a failure to make a payment in accordance with a maintenance
order shall substantially correspond with Form Q of the Annexure. Recovery of arrear maintenance- (1) The clerk of the court shall submit a certified copy of an order made by the court in
terms of section 40 of the Act to the clerk of the civil court for registration of such order. (2) The clerk of the civil court shall – (a) register the order referred to in subregulation (1) by numbering it with the following consecutive case number for the year during which it is registered; and (b) inform the maintenance officer of the maintenance court where the maintenance order was made and the person in whose favour the order was made of the registration and the number of the case. (3) The provisions of the Act relating to civil execution shall, with the necessary changes, apply in respect of the execution of an order referred to in subregulation (1).”Summary of the Criminal Route
Should the person against whom a maintenance order was made, not comply with it, the party who should receive maintenance may approach the maintenance court and lay a criminal complaint. The complainant would fill in a “Form Q” headed “COMPLAINT OF FAILURE TO COMPLY WITH A MAINTENANCE ORDER FOR PURPOSES OF SECTION 31(1) OF THE MAINTENANCE ACT, 1998 (ACT No. 99 OF 1998)”. On the form, you should state how the defaulter failed to comply with the order and also what amount is outstanding. Once you successfully laid your complaint, the maintenance court would subpoena the defaulter to the criminal courts. The defaulter has the right to legal representation prior to a trial date being arranged. Once a date has been arranged for trial you would be subpoenaed as a witness and give evidence as to the maintenance order, the outstanding amount that the defaulter failed to pay and anything else that is relevant. As the proceedings are criminal, the State would prosecute the defaulter and you would be their witness. Therefore, the public prosecutor would ask you questions and then the defaulter or his attorney or advocate will cross-examine you. If a foundation has been laid by the State, then the defaulter would get a chance to outline his defense to the court and the public prosecutor would then cross-examine him or her. Should the court find the defaulter guilty, then on the request of the “public prosecutor and in addition to or in lieu of any penalty which the court may have imposed grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order together with any interest thereon. Whereupon the order so granted shall have the effect of a civil judgment of the court…” This means that the order may be used to sell the convicted person’s property.Sharing is Caring
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.
Summary on civil execution
Regulations to the Maintenance Act dealing with the Criminal RouteI have a maintenance order for my children – but the father of my children does not pay. Is this allowed? What can I do? Non-compliance with Maintenance Orders — Civil and Criminal Remedies [Updated on 12 October 2020] Many mothers (and sometimes fathers) go through great lengths to obtain Continue Reading
Best Advice: The Importance of Having a Skilled Criminal Trust Account Advocate – Advocate Muhammad Abduroaf
It is possible to obtain the services of an advocate directly. In other words, not via an attorney. That is the case should you make use of a Trust account advocate. If you want to use a referral advocate, you must go via an attorney. This article deals with a trust account advocate who provides legal services for criminal law. In criminal law, having a competent and experienced criminal trust account advocate by your side can be the difference between a favourable outcome and devastating consequences. Criminal charges can have life-altering implications, including imprisonment, hefty fines, and a permanent criminal record. Therefore, it is imperative to understand why securing the services of a highly skilled criminal trust account advocate is essential.Expertise in the Legal System
A criminal trust account advocate possesses the specialised knowledge necessary to navigate the complexities of the legal system. Criminal law is multifaceted and constantly evolving, with various rules and regulations that can be challenging to interpret for someone without legal training. A seasoned trust account advocate will be familiar with the law and can leverage this knowledge to build a strong defence.Protection of Rights
One of the most important roles of a criminal trust account advocate is to protect your rights throughout the legal process. From the moment you are arrested, you have legal rights that must be upheld. A skilled trust account advocate will ensure that law enforcement, police and the prosecution do not violate these rights, potentially leading to the dismissal of evidence or even charges.Case Strategy Development
A good criminal trust account advocate analyses the details of your case, including evidence, witness statements, and procedural aspects, to develop an effective defence strategy tailored to your situation. They can identify potential weaknesses in the prosecution’s case, negotiate plea deals, or prepare for trial if necessary. This strategic planning is critical in achieving the best possible outcome.Negotiation Skills of the Trust Account Advocate
Many cases are resolved through negotiation rather than going to trial. A proficient criminal trust account advocate will have strong negotiation skills to secure favourable plea deals or reduced charges. Their experience in dealing with prosecutors allows them to trust account advocate effectively on your behalf and seek the best possible resolution to your case.Emotional Support
Facing criminal charges can be incredibly stressful and emotionally draining. A good trust account advocate provides legal representation and emotional support during this challenging time. They can explain the legal process, answer your questions, and keep you informed, helping to alleviate some of the anxiety associated with the situation.Trial Experience of the Trust Account Advocate
If your case goes to trial, having a trust account advocate with trial experience is invaluable. They understand courtroom procedures, evidence rules, and strategies to persuade a judge or magistrate. Their ability to present your case compellingly can significantly influence the outcome.What to Look for in a Good Criminal Law Trust Account Advocate
Selecting the right criminal law trust account advocate is a critical decision that can significantly impact your case. Here are some key factors to consider when searching for a good trust account advocate:Experience and Specialisation
The first factor to consider is the experience of the trust account advocate. Look for someone specialising in criminal law and with a proven track record in handling similar cases. Inquire about their prior cases, outcomes, and overall success rate. Trust account advocates with specific experience in your type of case (e.g., DUI, drug offences, theft or fraud, violent crimes) will have a deeper understanding of the nuances involved.Reputation of the Trust Account Advocate
Research the reputation of potential trust account advocates within the legal community. Word of mouth, online reviews, and testimonials can provide insight into an advocate’s credibility and effectiveness. A good reputation often reflects an advocate’s dedication to clients and ability to achieve positive outcomes.Communication Skills of the Trust Account Advocate
Effective communication is essential in a lawyer-client relationship. Your trust account advocate should be able to explain legal concepts in a way you can understand while also being a good listener. They should take the time to address your concerns, provide updates on your case, and ensure you feel informed and empowered throughout the process.Availability of the Trust Account Advocate
Assess the trust account advocate’s availability and willingness to dedicate time to your case. A high caseload may mean less personalised attention. Choose someone willing to invest the necessary time and effort into building your defence.Fees and Costs of the Trust Account Advocate
Understanding the trust account advocate’s fee structure is critical. Some charge flat fees, while others bill by the hour. Be sure to discuss costs upfront to avoid surprises later. Additionally, consider a trust account advocate’s willingness to provide a clear breakdown of services included in their fees.Trial Preparation
If your case is headed for trial, it’s essential to have a trust account advocate who is well-prepared and has a clear trial strategy. Inquire about their track record, experience in the courtroom, and how they plan to approach your case if it goes to trial.Personal Rapport of the Trust Account Advocate
Finally, it’s essential to choose a trust account advocate with whom you feel comfortable. Building a trusting relationship is vital, as you must share personal information and rely on their guidance. Meet with potential trust account advocates to gauge your comfort level and ensure they are someone you can work with collaboratively.Conclusion
In conclusion, having a good criminal trust account advocate cannot be overstated. Their expertise, knowledge, and dedication to protecting your rights can profoundly impact the outcomes of your case. When searching for a criminal law trust account advocate, consider their experience, reputation, communication skills, and more. Taking the time to find the right trust account advocate will provide you with peace of mind, knowing that your legal representation is in capable hands. This decision is one of the most important steps you can take in navigating the complexities of criminal law and achieving the best possible outcome for your case.
Best Advice: The Importance of Having a Skilled Criminal Trust Account Advocate – Advocate Muhammad Abduroaf It is possible to obtain the services of an advocate directly. In other words, not via an attorney. That is the case should you make use of a Trust account advocate. If you want Continue Reading
Relocation with my minor child to Saudi Arabia, Mecca (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Mecca, Saudi Arabia
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Pretoria or Giyani, South Africa, and you want to relocate to Mecca, Saudi Arabia, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Mecca, Saudi Arabia?
The same applies when it comes to your minor child applying for a South African passport to relocate to Saudi Arabia, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Mecca, Saudi Arabia with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Mecca, Saudi Arabia. What can I do if the other parent does not want to consent to the minor child’s relocation to Mecca, Saudi Arabia?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Mecca, Saudi Arabia, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Mecca, Saudi Arabia. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Mecca, Saudi Arabia, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Mecca, Saudi Arabia?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Mecca, Saudi Arabia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Mecca, Saudi Arabia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Mecca, Saudi Arabia
If you require legal assistance or representation with relocating to Mecca, Saudi Arabia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Relocation with my minor child to Saudi Arabia, Mecca (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades Continue Reading
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading
I require a law firm to assist me in my Children’s Court matter in South Africa
What are your contact details?
If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:High Court matters
- Civil claim surrounding money;
- Interdicts;
- Divorces (Opposed and unopposed);
- Child Custody and guardianship disputes;
- Relocation of minor children;
- Various criminal matters;
- Minor children surname changes;
- Appeals and Reviews; and
- Other matters.
Magistrates Court matters
- Civil claim surrounding money;
- Various criminal matters;
- Interdicts;
- Maintenance Court matters;
- Divorces Court matters (Opposed and unopposed)’
- Children’s Court matter; and
- Other matters.
Constitutional Court
- Appeals
Supreme Court of Appeal
- Appeals and Reviews
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
I require a law firm to assist me in my Children’s Court matter in South Africa What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details: Tel.: 021 111 0090 Email.: [email protected] Continue Reading
My husband and I are separated, and we are planning on getting divorced. How do I deal with the emotional aspect of my divorce seeing that we have children together?
Dealing with the emotional aspects of a divorce can be challenging, but there are several strategies and coping mechanisms that may help you navigate this difficult time. Keep in mind that everyone’s experience is unique, so it’s essential to find what works best for you. Here are some suggestions:Allow Yourself to Grieve:
Understand that divorce is a loss, and it’s okay to grieve. Give yourself permission to feel a range of emotions, including sadness, anger, confusion, and even relief.Seek Support:
Reach out to friends, family, or a therapist to share your feelings and experiences. Having a support system can provide comfort and understanding during this challenging time.Take Care of Your Physical Health:
Pay attention to your physical well-being by maintaining a healthy diet, getting regular exercise, and ensuring you get enough sleep. Physical well-being is closely linked to emotional well-being.Establish Routine and Structure:
Creating a daily routine can help bring a sense of normalcy to your life. Having structure can provide a sense of stability during a period of upheaval.Set Realistic Expectations:
Understand that healing takes time, and there is no set timeline for getting over a divorce. Be patient with yourself and acknowledge the progress you make, no matter how small.Focus on Self-Care:
Prioritize self-care activities that bring you comfort and joy. Whether it’s reading, taking long walks, or practicing mindfulness, taking care of yourself is crucial during this challenging time.Limit Conflict and Communication:
Minimize contact with your ex-partner if possible, especially in the early stages of the divorce. This can help reduce unnecessary conflict and give both parties time to heal.Consider Professional Help:
Therapy or counseling can be beneficial in navigating the emotional aspects of divorce. A mental health professional can provide guidance, support, and coping strategies tailored to your specific situation.Rebuild Your Identity:
Take this time to rediscover yourself and explore activities that bring you joy. Rebuilding your identity outside of the marriage can be an essential part of the healing process.Look Towards the Future:
While it’s important to process the emotions associated with the divorce, try to shift your focus toward the future. Set new goals and aspirations for yourself, and look for opportunities to grow and move forward. Remember that healing is a gradual process, and it’s okay to seek professional help if needed. Taking care of your emotional well-being is a crucial step in rebuilding your life after a divorce.
My husband and I are separated, and we are planning on getting divorced. How do I deal with the emotional aspect of my divorce seeing that we have children together? Dealing with the emotional aspects of a divorce can be challenging, but there are several strategies and coping mechanisms that Continue Reading
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