Best advice on finding a top divorce lawyer for your divorce case in Constantia – Cape Town

Do you live in Constantia, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Constantia or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Constantia or anywhere else in South Africa. The issues we shall deal with are the following.
  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Constantia?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.
Posted on by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Constantia – Cape Town

Do you live in Constantia, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else.

However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Constantia or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced.

Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Constantia or anywhere else in South Africa. The issues we shall deal with are the following.

  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Constantia?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Related Post

Divorce Lawyers – Make sure your Attorney or Advocate is on your side

Divorce Lawyer – Divorces need not be difficult. With a large number of marriages ending up in divorce; surely the process should be simple. When a marriage has broken down irretrievably, life needs to go on. It is senseless to make up for your unsuccessful marriage, by trying to have a successful divorce. If there are children involved, there is even more reason not to fight. And if there are no children involved, the only outstanding issues would be property. But if you were married out of Community of Property, there is no need to fight at all. This is where a good divorce lawyer comes in.

Family Law Questions and Answers

Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:

Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

You are welcome to call us on 021 424 3487 / 0870735800

For other legal and business services, feel free to visit:

Business SA or Private Legal.

This article does not deal with the procedural aspects of a divorce. Other articles on this website deal with that. The aim of this article is for you to search and find a good divorce lawyer, attorney, or advocate that has your best interests at heard. In other words, not there to make a small fortune off you, at the expense of your well being and that of your family. Below you would find a consent paper, with reasonable terms, that can be customised accordingly.

How should divorce lawyers deal with divorce matters?

Not all divorces are the same. But the reality is, not all divorces need to be a fight. The only persons that benefit from a long drawn out divorce are lawyers. And once the funds dry out, so too does the divorce lawyer’s energy for your case. In our view, the first thing the divorce lawyers should do when approached by a client for a divorce is to resolve it expeditiously. This can be done by trying to call both parties into a round table meeting. This is where all issues are unpacked. If that is not possible, send the other side a reasonable settlement agreement. In that way, before huge sums of money are wasted on legal costs; matters can be resolved in a cost effective manner. Have a look at the Settlement Agreement below which should be part of any good divorce lawyer’s templates. It is reasonable an one that should be accepted by the other side with due amendments. [caption id="attachment_6682" align="alignleft" width="300"]Divorce Attorney Cape Town Divorce Attorney Cape Town[/caption]

EXAMPLE OF A CONSENT PAPER

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:          /18 In the matter between:   JOHN SMITH                                                                    PLAINTIFF       and     JANE SMITH                                                                   DEFENDANT     CONSENT PAPER   INTRODUCTION THE PARTIES, as described above, were married to each other on XXX, at XXX, Cape Town, Western Cape, and the marriage still so subsists; THREE (3) MINOR CHILDREN, namely, XXX (hereafter together referred to as “the minor children”), were born from the marriage; THE PARTIES find it unfortunate, and are in agreement that the marriage has broken down irretrievably and that there is no reasonable prospect of the restoration of a normal relationship between them; AND THEREFORE, the Parties both wish for a divorce, dissolving the marriage between them, which divorce both parties would co-operate in finalising as friendly and as speedily as possible; AND WHEREAS the Parties have arrived at an Agreement relating, inter alia, to parental responsibilities and rights, proprietary rights and costs of suit, which agreement the Parties desire to record in writing and have incorporated in the Final Order of Divorce in the event of the above Honourable Court seeing it fit to grant a Final Decree of Divorce dissolving the marriage between the Parties. NOW THEREFORE THESE SAID PARTIES AGREES AS FOLLOWS:
  1. PERSONAL MAINTENANCE
    • Each Party hereby waives his or her claim to personal maintenance, past, present and future from the other Party, if any;
  2. PARENTAL RESPONSIBILITIES AND RIGHTS
    • The Parties are to remain co-holders of parental responsibilities and rights in respect of the minor children in terms of the Children’s Act, 38 of 2005 (“the Children’s Act”) as follows:
      • The Parties are to remain co-holders of guardianship over the minor children as provided for in Section 18(2(c), 18(3), 18(4) and 18(5) of the Children’s Act; and
      • The Parties are to remain co-holders of parental responsibilities and rights of care and contact in respect of the minor children as provided for in Section 18(2)(a) and (b) of the Children’s Act.
    • The Parties’ rights of care and contact shall be implemented as follows:
      • The minor children shall reside primarily with Plaintiff who shall be their primary care-giver; and
      • Defendant shall have reasonable contact with the minor children as follows unless agreed to otherwise between the Parties:
        • Every alternative weekend, commencing from Friday 15:00 until 17:00 on the Sunday;
        • Every Tuesday preceding his weekend of contact from 17:00 to 20:00; and
        • Every Thursday succeeding his weekend of contact from 17:00 to 20:00.
      • School Holidays
        • Equal sharing of long and short school holidays, in that the minor children shall reside one half with Plaintiff and the other with Defendant which shall alternate each year.
      • Special Days Contact
      • The Plaintiff and/or the Defendant, as the case may be, shall further have contact with the minor children on the following days for 3 (three) hours notwithstanding in whose care the minor children are in on those days:
        • Christmas Day;
        • The minor children’s birthday;
        • Father’s Day and Mother’s Day; and
        • The Parties’ birthday.
      • The Parties shall have telephonic contact with the minor children on a regular basis whilst the minor children are in the other’s care;
      • Notwithstanding the above, the Parties shall have reasonable contact with the minor children at all times, provided that any additional contact shall be arranged telephonically and shall only take place by prior arrangement and consensus between the Parties; and
      • The Parties shall respect each other’s privacy and shall not enter each other’s homes at any time without prior invitation, whether for the purpose of fetching or returning the minor children or any other reason whatsoever.
    • JOINT DECISION MAKING
      • The Parties shall make joint decisions about the following aspects of the minor children’s life:
        • Major decisions about the minor children’s schooling and tertiary education;
        • Major decisions about the minor children’s physical care, mental health care and medical care;
        • Major decisions about the minor children’s religious and spiritual upbringing;
        • Decisions about the minor children’s residence both within and outside the Cape Peninsula;
        • Decisions which are likely to significantly change the minor children’s living conditions or to have an adverse effect on their well-being; and
        • Decisions which affect the minor children’s everyday care and daily routine shall be made by the party in whose care the minor children are in at the relevant time.
  1. FACILITATION
    • A facilitator shall be appointed by the parties jointly to facilitate and assist in resolving disputes between the parties relating to the minor children;
    • These disputes shall include contact disputes should one party feel that contact should be increased or decreased, or varied for either party;
    • In the event of the facilitator being unable to continue as facilitator, then he/she shall appoint a facilitator in his/her place, alternatively, or should the parties be unable to agree on the appointment of a facilitator or replacement facilitator, such facilitator or replacement facilitator as the case may be shall be appointed by the chairperson for the time being of FAMAC (Western Cape);
    • In the event of the parties being unable to reach agreement in respect of a dispute, with the assistance of the facilitator, then the facilitator shall be entitled to issue a directive in respect of such dispute which shall be valid of full legal force and effect and binding upon the parties until a court of competent jurisdiction Orders differently;
    • The facilitator shall be entitled in his/her sole discretion to appoint such other person as may be necessary in order to make a decision in respect of the issue in dispute, including the right to co-opt a facilitator or the assistance of an appropriate expert if he/she deems it appropriate or necessary; and
    • The cost of sessions with the facilitator and the services of the expert shall be shared equally between the parties unless otherwise directed by the facilitator. Each Party shall, however, be liable for the facilitator’s costs incurred attendant upon such party’s written and telephonic communications with the facilitator.
  2. CHILD MAINTENANCE
    • Defendant shall pay an amount of R XXX – 00 (XXX Rand) per month per child, in respect of child maintenance;
    • The aforementioned amounts are payable on or before the 1st day of each and every succeeding month from the date of the Divorce. The said sum shall be paid into such bank account as Plaintiff may nominate from time to time;
    • The child maintenance payable shall increase annually on the 1st day of January each year, in accordance with the rise that has taken place in the preceding 12 (Twelve) months in the Consumer Price Index (CPI) for the Republic of South Africa, as determined by the Director of Statistics or its equivalent for persons in the middle-income group;
    • Plaintiff shall retain Alyssa Skye Abrahams, on her current medical aid scheme, or a similar scheme with similar benefits;
    • Defendant shall retain Joel Malcolm Abrahams, on his current medical aid scheme, or similar scheme with similar benefits;
    • Both Parties would be responsible, in equal shares in respect of the minor children for all reasonable medical, psychological, physiotherapy, dental, ophthalmic, pharmaceutical, hospitalization and prescribed medication costs, incurred, and not covered by the latter medical aid schemes.
    • If the minor children display aptitudes and qualify for tertiary education, then both Parties shall be responsible in equal shares for all the costs associated with such tertiary education, which shall include, but not limited to, tuition, textbooks, transport, and boarding if necessary. In this regard, if one Party paid for an educational expense in full, he or she shall accordingly be reimbursed with half the expense within 7 (seven) days of being showed proof of such expense.
  3. THE JOINT ESTATE OF THE PARTIES SHALL BE DIVIDED AS FOLLOWS:
    • Defendant’s Investment Policy
      • XXX
    • MOTOR VEHICLES
      • XXX
  1. BALANCE OF THE JOINT ESTATE
    • The balance of the Joint Estate shall equally be divided between the Parties.
  2. OBLIGATIONS BINDING ON ESTATE
    • The obligations in terms of this Consent Paper shall be binding on the parties’ respective estates, heirs, administrators and/or assigns.
  3. FULL AND FINAL SETTLEMENT
    • This Agreement is a full and final settlement of all outstanding differences between them, and save as herein provided, neither party shall enjoy any personal claim against the other.
  4. COSTS
    • Each party shall pay their own legal costs associated with the divorce.
   
Posted on by Telelaw

Finding the best lawyer (attorney or advocate) for your legal matter – Top advice for anyone with a legal problem in South Africa

It is best to stay out of trouble. However, sometimes trouble finds you. And if that happens, you must obtain the best lawyer suited for you (attorney or advocate) to assist you with your legal problems. If you do not need an attorney or advocate to assist you with your matter, it may be best to first schedule a consultation with one, at least for peace of mind. Read on further to ensure you obtain the best legal practitioner (advocate or attorney) that suits your budget and case.

Is the top or best attorney or advocate necessary in every legal matter?

The legal problems people have varied from case to case. Some are simple. For example, a traffic fine which you wish to dispute. Others can have severe consequences on your life. For example, going through a divorce or being arrested and charged for a crime you did not (or did) commit. Whatever the legal issues, obtaining the best advice is always the best. It does not mean you need to source the top lawyers in South Africa for every legal problem. That would not make sense if the issues involved were relatively minor and the consequences were not dire. For example, if you are disputing a traffic fine of R 500 – 00, it does not make sense to consult with the top criminal lawyer in Cape Town, who may charge you R 5000 – 00 for the consultation. However, if you are facing jail time, consult with an experienced attorney or advocate who charges more than others based on their experience and is worth their fee.

What is the first step to take when faced with a legal problem?

When faced with a minor legal problem, it may be a good idea to research the topic first. For example, someone owes you money and does not want to pay you. Doing some basic research will tell you that you can send that person a letter of demand, and if that does not work, approach the small claims court. If you do not want to go through all that effort, approaching an attorney or advocate may be less stressful. However, there would be legal fees involved. And in some cases, the legal costs involved would be more than the amount claimed. If, on the other hand, there are serious legal consequences, for example, losing your home, jail time, custody of minor children and so on, we advise you best to obtain legal advice and assistance from the start. Usually, serious legal matters are time sensitive, and a delay can cause more significant issues. For example, if someone is suing you for money through the court, and you receive the summons, you have two weeks to file a notice informing the court you are defending the matter. If you do not do so within two weeks, the other party, the plaintiff, may obtain a default judgment against you.

Do senior advocates and attorneys charge more than junior lawyers?

The more experience an attorney or advocate has, the better they are for your case. That experience earns the advocate or attorney the right to charge more than his competitor with less experience and who may have to learn how to handle your matter. An experienced lawyer may charge more per hour but spend less time dealing with your matter. A less experienced lawyer may charge less per hour but spend many more hours dealing with your matter with less experience and skill than the senior lawyer would have. At the same time, it would be overkill to use a senior attorney or advocate if your case does not require their skills and expertise. In many cases, a junior lawyer would have the necessary skills and expertise to assist you as a senior advocate would. It would all depend on the nature and complexity of your case and whether your budget allows it.

Posted on by Telelaw

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