Best Divorce Lawyer Advice if you are living in Wynberg – Cape Town – Western Cape

Best advice on finding a top divorce lawyer for your divorce case in Wynberg, Cape Town

Do you live in Wynberg, 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 Wynberg 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 Wynberg 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 Wynberg?

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

24 Relocation with my minor child to Malaysia, Kuala Lumpur (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 Kuala Lumpur, Malaysia 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 seven or eight) 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 Mthatha or Phuthaditjhaba, South Africa, and you want to relocate to Kuala Lumpur, Malaysia, 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 Kuala Lumpur, Malaysia? The same applies when it comes to your minor child applying for a South African passport to relocate to Malaysia, 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 Kuala Lumpur, Malaysia with my minor child? There is there 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 Kuala Lumpur, Malaysia. What can I do if the other parent does not want to consent to the minor child’s relocation to Kuala Lumpur, Malaysia? 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 Kuala Lumpur, Malaysia, 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 Kuala Lumpur, Malaysia. 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 Kuala Lumpur, Malaysia, 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 Kuala Lumpur, Malaysia? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Kuala Lumpur, Malaysia – 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 Kuala Lumpur, Malaysia, 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 Kuala Lumpur, Malaysia If you require legal assistance or representation with relocating to Kuala Lumpur, Malaysia 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.

Western Cape High Court and Advocate Muhammad Abduroaf

For those who do not know, Cape Town boasts the seat of the Western Cape High Court, the Highest Court of Law in the Western Cape.  Therefore, most major court cases makes its way to Cape Town.  This could either be due to the nature of the court case, or that a decision is being appealed and has to be heard in the Western Cape High Court. For that very reason, you will find many law offices in Cape Town.  These offices could either belong to a legal practitioner, who is an attorney or an advocate.

Advocate Muhammad Abduroaf

One such legal practitioner, is Advocate Muhammad Abduroaf whose chambers (offices) are very close to the Western Cape High Court. Academically, he holds an LL.B Degree (Bachelor of Laws Degree), as well as an LL.M Degree (Master of Laws Degree). As to the amount of years he has been practising as an advocate; it is over 15 (fifteen years). He gained prominence very early in his legal career, when he won a ground-breaking case for his client. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock? This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 heard in 2014. Moreover, over a decade ago, Advocate Muhammad Abduroaf was an advocate in an important constitutional case. This was where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which includes interdicting pension funds. The relevant case is Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446 heard in 2016.

Picture outside the Western Cape High Court

The picture in this post was taken when Advocate Muhammad Abduroaf exited the Western Cape High Court. To read more about the advocate, go ahead and
Google him. Furthermore, have a look at this link https://www.ourlawyer.co.za/about-advocate-muhammad-abduroaf/  

Questions on Divorces  to an Attorney or Advocate

Below are some questions people have regarding divorces that they may pose to an Attorney. Should have any questions on a divorce, feel free to post it below.

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.

Can you get a divorce without your spouse’s consent?

Yes, you can.  The process will take longer if it is defended.

How do you get a divorce if you have no money?

Approach the Magistrate’s Court in your area for assistance with your divorce. You do not need a lawyer.

Can you refuse to get a divorce?

Yes, you can. However, the Court would grant the divorce if the marriage has broken down and cannot be saved.

Can I do my own divorce?

Yes, you can do your own divorce. There is no need for a lawyer.

How can you get a divorce if spouse won t sign?

The Court can still divorce you if your spouse won’t sign.

Can you be denied a divorce?

Yes,  you can if the marriage has not broken down.

How many years do you have to be separated to get a divorce?

There is no minimum. A week could be enough. The marriage should have broken down.

Can you get a divorce without having to go to court?

One spouse needs to go to court to give evidence.

Do both parties have to agree to get a divorce?

No, they do not. The Court will decide if a divorce is warranted.

Can you get a divorce without a lawyer?

Yes, you can. A lawyer is not needed. However, it is always a good idea to use one.

How long does it take to get a contested divorce?

It depends on the Court. We presume no less than 6 months.

How long do you have to respond after being served with divorce papers?

You have 10 (ten) working days.

How much does it cost to get a mutual divorce?

It depends on the lawyers you use. The Court does not charge. So if you do it yourself, there is no fee.

How cheap can you get a divorce?

Various lawyers charge different fees. If you do it yourself, its free.

Can you get a divorce for free?

If you do it yourself, its free.

How fast can you get a divorce?

If both parties agree, it can take about three weeks.

How much does it cost to get a divorce?

It depends on the lawyer. But if you do it yourself, it free.

Do you have to get a lawyer to get a divorce?

No, you do not need a lawyer.

How long do you have to be married before you have to pay alimony?

There is no set time.

Can you make your spouse pay for the divorce?

Yes, you can.

Can you force a divorce?

No, you cannot.

How do you stop a divorce after filing?

You have to withdraw the action.

Can you contest a divorce?

Yes, you can.

What is an uncontested divorce?

It is a divorce where both parties agrees to the

What do I need for a contested divorce?

You need good reasons why you are contesting it.

Can serve divorce papers myself?

No, you need to make use of the Sheriff of the Court.

Can you get a divorce without your spouse’s consent?

Yes, you can.

How do you get a divorce if you have no money?

You do not need much money to get divorced. The only costs is that of the Sheriff.

What are unreasonable terms in a divorce?

Terms which you are not entitled to. For example, wanting the entire joint estate.

Can I do my own divorce?

Yes, you can.

How much will it cost to get a divorce?

There are no costs. You must, however, pay the sheriff fees.

How many years do you have to be separated to get a divorce?

There is no specific minimum. The marriage should only not be able to be saved.

Where can I get divorce papers for free?

Visit the divorce court in your area.

How much money does it cost to get a divorce?

There are no costs, other than the sheriff’s costs. How do I file for divorce without a lawyer? You can do it yourself. Visit the Magistrate’s Court in your area.

Can you refuse to get a divorce?

Yes, you can.

Can you get a divorce without having to go to court?

One party must go to court.

What happens if your spouse does not sign divorce papers?

The divorce would then proceed on a defended basis if they filed such a notice.

Can you be denied a divorce?

Yes, you can if the marriage has not broken down.

Do both parties have to agree to get a divorce?

No.

How long do you have to wait before a divorce is final?

It’s final once the judge or magistrate gives the decree.

How long does it take for a divorce to be final after signing papers?

Once the matter gets heard in Court and the order granted.

How long does it take to get a contested divorce?

Can take no less than six months. It depends on the Court and the lawyer.

Can a judge not grant a divorce?

Yes, if the marriage has not broken down.

Can the father get full custody of his child?

Yes, he can if it is in the child’s best interests.

Can you force a divorce?

No, you cannot.

How long do you have to be married before you have to pay alimony?

There is no limit.

Is it adultery to date while separated?

Yes, it is as you are still married.

Is it cheaper to get divorced after 2 years?

The costs might be more for legal fees.

Can you get a divorce without the other person knowing?

No, the other person must be notified.

Can you get a divorce online?

No, it is not possible. One party must appear in Court and give evidence.

Can you get a divorce without a lawyer?

Yes, you can. You can act as your own lawyer.

How long do you have to respond after being served with divorce papers?

You have 10 working days. It is best to do it sooner.

How do you get a divorce if you do not work?

It is still possible. Visit your nearest magistrate’s court for assistance. All you need is the costs of the sheriff.

How can I file for a divorce on my own?

If you know what you are doing, we advise that you do so. However, you can go to the Magistrate’s Court and ask for assistance.

How long do you have to be separated in order to get a divorce?

There is no maximum or minimum time period.

Can serve divorce papers myself?

No, you have to make use of the Sheriff.

What is sexual misconduct during a divorce?

This would be in a spouse is busy with adultery during the divorce.

What is an informal separation in a marriage?

This is when the parties do not get divorced, but agree to live separately.

Can I date while separated before the divorce?

There is nothing in law preventing you from doing so.

Is it okay to date while going through a divorce?

It may be best to first finalise your divorce.

How much do you pay in alimony and child support?

It depends on the means and need of the parties concerned.

How do you figure out alimony?

You look at income, expenses and needs.

Can you refuse to get divorced?

Yes, you can. However, you must have good reasons. If the marriage is over, then the divorce would proceed.

How can you get a divorce if the spouse will not sign?

The Court can still divorce you.

Can a mother take her child away from the father?

Yes, if it is in the child’s bests interests. However, one should not do so unless a child care expert advises you to do so.

Do you still have to pay child support if you have 50 50 custody?

It is possible if you earn more than the other parent.

Can a judge not grant a divorce?

Yes, it is possible if the marriage has not broken down. Can the court deny a divorce?

How long does it take to get a contested divorce?

It can take a long time, from six months to over a year.

How much is a contested divorce?

It depends on your lawyer and how long it takes.

Do you have to have proof of divorce to remarry?

No. But it is illegal to marry again if you are not divorced.

Is a decree of divorce the final divorce?

Yes, it is. You should receive and Order.

How long do you have to wait before a divorce is final?

It is final once the Judge gives a final order or divorce.

How long does divorce take?

It depends on the case. If your spouse and you fight on every issue, it can take years.

Can I divorce my wife without her consent?

Yes, you can.

Do both husband and wife have to agree to divorce?

No, they do not have to. The Court would divorce you if the marriage has broken down completely.

Can you force your spouse to divorce you?

No, you cannot. You need to follow the court process.

Can you contest a divorce?

Yes, you can.

How long do you have to keep your divorce papers?

You should keep it indefinitely.

Where can I get a copy of my divorce papers?

You should visit the Court that gave you the divorce.

How do you get a divorce if you have no money?

We advise that you approach the Magistrate’s Court in your area.

What does it mean when a divorce is contested?

It means your spouse is not agreeing to the divorce.

Can you fight a divorce?

Yes, you can fight it. The legal term is defend it.

How much does it cost to get an uncontested divorce?

It depends on the lawyer. But if you do it yourself, there is no fee other than the sheriff.

How long do you have to keep bank statements for?

It depends on what. If it is for maintenance, we suggest three years.

Are all divorce records public?

Yes, it is.

Can I find divorce orders online?

No, you need to visit the court.

How do you find out if your divorce is final?

You need to visit the court and ask for a copy.

Are divorce filing public records?

Yes it is.

How can I get my divorce certificate?

You need to visit the court and ask for a copy.

How do you get a copy of a divorce decree?

You need to visit the court and ask for a copy.

Can you refuse to get divorced?

Yes, you can.

Is everything Split 50 50 in a divorce?

Yes if you are married In Community of Property.

Can a wife claim her husband property in the divorce?

It is possible if there is a legal basis for it.

Can I keep my house in a divorce?

Yes, if it is agreed upon or awarded by the court.

Who gets the child in a divorce?

The parent who can best care for the child primarily.

Can infidelity be used in a divorce?

Yes, it can.

Can you lose custody of your child due to adultery?

Its possible, but very unlikely if its the sole reason.

Can you sue your spouse for adultery?

No, you cannot.

Can the father get full custody of his child?

Yes, he can.

What is considered adultery in a divorce?

If there was sexual intercourse.

Can a mother take her child away from the father?

If it is in the child’s best interest. It is advised to get the advice of a social worker first.

Do you still have to pay child support if you have 50 50 custody?

It is possible. Depending on your income. If you earn more, then it is possible.

How do you prove a parent unfit?

It depends on the facts. If there are such facts, it must be brought to the court’s attention.

What is considered an unfit mother?

A mother who does not act in the best interests of the child and the child suffers.

How can mother win child custody?

She must prove that it is in the best interest of the child if she gets custody.

Can you get custody of a child that is not yours?

Yes, it is possible.

What is considered a stable environment for a child?

Where there child’s best interests are met.

How long does divorce take?

If it is defended, it can take a year. If not, a month.

What is unreasonable divorce settlement in a divorce?

Where it favours one party.

Can you contest a divorce if you not happy with it?

Yes, you can.

Can you defend a divorce?

Yes, you can.

What happens if your wife does not sign divorce papers?

The divorce would go ahead, however, it might take longer.

Can you be denied a divorce?

Yes, you can be denied a divorce if the marriage has not broken down.

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