Looking for Family Legal Services in Schotse Kloof – Child Maintenance, Child Custody, Visitation Rights and Divorce Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require Continue Reading
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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
Getting divorce within 3 days
It often happens, when a marriage has irretrievably broken down, the parties are in agreement that they have to divorce. Furthermore, the parties came to an agreement regarding the propriety aspects of the marriage, care and contact of the minor children, as well as who should pay for the cost in relation to the divorce. If all the latter has been agreed upon, there is no need for the parties to wait many months to get divorced. What this article deals with is a real-life scenario where the marriage between a couple would be dissolved in the shortest possible time. In this case, three (3) days from the date of meeting their lawyer. If you don’t feel like reading this entire article, scroll down to the bottom for an illustration of a divorce finalised in 3 (three) days. Furthermore, it may become necessary for there to be a quick divorce. One such reason could be that a party is only visiting South Africa for a very short while and wants to resolve issues expeditiously. This would especially be so if the parties lived separately for a long time despite being married. Before we proceed with exploring and unpacking the question this article relates to, we will first have to look at certain basic requirements in order for parties to get divorced. This relates to the court’s jurisdiction, as well as the requirement that a marriage has broken down irretrievably. Another one is that they should be married. I guess we all knew that. [ninja_form id=72]The jurisdiction of the divorce court
It does not mean that because you got married in a specific province or town that the Court situated there has the authority to divorce you. For example, if you married in Cape Town, and relocated to Johannesburg, and live there for quite some time, then Cape Town Court will not necessarily have the jurisdiction to divorce you. The same would apply should the parties have married in Johannesburg and relocated to the United States of America, and are domiciled there. Should they wish to get divorced, they cannot get divorced in Johannesburg. This is so as the Johannesburg Court will not have jurisdiction to divorce this specific couple. Now, what determines jurisdiction? Clearly, it is not the fact that you got married in the Court’s area of jurisdiction. Let’s look at the law.The Divorce Act
Section 2 of the Divorce Act 70 of 1979 states the following: “A court shall have jurisdiction in a divorce action if the parties are or either of the parties is-- domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or
- Ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.
Well, there you have it. It does not mean that if you got married within the area of jurisdiction of the court, that automatically, that Court would have the jurisdiction to divorce you. You or your spouse should at least be domiciled, or resided within that honorable court’s jurisdiction for a specific period. When we refer to domicile, we basically mean that you intend the specific location to be your permanent home. This is a simple definition. Now let us move on to the second issue. That is the irretrievable breakdown of the marriage.Irretrievable breakdown of the marriage between the parties
It goes without saying, a court will not divorce a couple who is happily married. There has to be some problem in the marriage. Now let’s go straight into the law and find out when, or under what circumstances a Court of law may divorce you in South Africa.The Divorce Act
According to section 4(1) of the Divorce Act: “A court may grant a decree of divorce on the ground of irretrievable breakdown of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.” Section 4(3) of the Divorce Act then states: “If it appears to the court that there is a reasonable possibility that the parties may become reconciled through marriage counsel, treatment or reflection, the court may postpone the proceedings in order that the parties may attempt a reconciliation.” Considering the latter law, it is clear that the marriage should have broken down irretrievably, in other words, it cannot be saved. Furthermore, it should not appear to the court that reconciliation is possible. So moving forward, presuming that the court has jurisdiction and the marriage has irretrievably broken down, we can now deal with the aspect of a quick divorce. That is why you are reading this article? We shall start with what is required in order to institute divorce proceedings.The summons commencing the divorce action
As would be obvious from the foregoing, only a court of law can dissolve a marriage. Therefore, one needs to follow the legal processes in place in order for a court to deal with your matter. In the case of a divorce, the process starts with the issuing of a summons. Basically, this is a document outlining who all the parties are and what the Plaintiff (the person instituting the divorce proceedings) wants from the court. The summons would be signed by the Court Registrar who would direct the Sherriff of the Court to serve it on the Defendant (the other party to the divorce). It would also have attached to it, a particulars of claim, comprising of certain relevant information in order for the court and the other party to know what the reasons for the relief sought, or divorce is. This we deal with next.The Particulars of Claim
In the case of a divorce summons, you will state who the parties are, when they got married, details of the minor children involved, and reasons for the breakdown of the marriage. With regard to the reasons for the breakdown of the marriage, you will state that for example, there is no longer any love and affection between the parties, and both parties wish to get divorced. The latter information is stated in a document, called “particulars of claim”. This document is attached to the summons. The particulars of claim will then also outline the relief sought. For example, it will first state that you wish for a decree of divorce, and further what you wish in relation to care and contact in relation to the minor children, child maintenance, personal maintenance, the division of the joint estate, and who pays the legal fees. It is also wise for the parties to enter into a consent paper or settlement agreement. This we deal with next.The Consent Paper or Settlement Agreement
You should stipulate in the particulars of claim exactly what you wish the court to grant you. However, what is a good idea, if the divorce is undefended, to enter into a consent paper or settlement agreement. This document basically outlines what the parties agree upon in relation to the divorce. It deals with child custody, maintenance, and the division of the joint estate if it applies. The parties would sign the consent paper or settlement agreement and it would be made an order of court should the court so grant it. Therefore, if you follow this route, the court would basically make an order stating that it grants a decree of divorce, incorporating the terms of the consent paper or settlement agreement. The consent paper or settlement agreement may be entered into between the parties before divorce proceedings are instituted or after. If it is done before divorce proceedings are instituted, it is usually attached to the summons. Your prayers in your particulars of claim would basically be that you ask for a decree of divorce, incorporating the terms of the consent paper attached thereto.What happens after the summons has been issued?
Let us presume that the summons, particulars of claim and consent paper have been drafted, and all documents have been signed. It should then be taken to a court to be issued and a case number is allocated to it. The next step would be for the summons with all the relevant documents attached thereto to be served on the defendant. This would be the case even though the divorce is agreed upon. Service of the divorce documents on the defendant would have to be done by the office of the sheriff. In other words, the sheriff would give a copy of the divorce papers to the other party, in this case, the defendant. A sheriff then provides a document called, “return of service”. Basically, it tells the court that he served the documents on the defendant. The defendant would then have a period of ten (10) working days to decide whether or not to defend the divorce. This is stated in the summons. A reason for defending would be that he or she opposes the divorce, or don’t believe the contact arrangements are in the children’s best interests. Once the ten (10) working days have passed, the divorce may be set down for hearing.How quick can the divorce be finalised
Continuing with the example of a friendly divorce, once the ten (10) days have lapsed, and the defendant did not file a notice of his intention to defend the divorce action, the divorce can proceed on an undefended basis. The Plaintiff or the person who instituted the divorce proceedings may then set the divorce matter down for hearing on an undefended basis. If the divorce was instituted in the Western Cape High Court, it could be set-down within three (3) days. For example, if the ten (10) days have expired, The Plaintiff may file his notice of set-down the Monday before noon with the Registrar, to be heard on Wednesday. This is explained at the end of this article.Waiving the ten (10) ten days waiting period – The waiver
This is where this article becomes interesting. It is also possible under certain circumstances, for a defendant to file a waiver. Basically, the defendant would file a document stating that he waives his right to ten (10) days to decide whether or not he wants to defend the divorce. If a waiver is filed, and the court has no issue therewith, then the divorce can take place much sooner than ten (10) days. This we explain a bit more next.Demonstrating a quick divorce
Considering the above and, ensuring that all legal processes are in place, a divorce can be finalised very quickly and in certain circumstances, within a few days. As long as the court has jurisdiction to hear the matter and the marriage has broken down irretrievably, there is no reason why the divorce can’t take a maximum period of four weeks to finalise. If, however, the divorce is urgent and undefended it is possible for the defendant to file a waiver advising the court that he has no issue with a divorce taking place within the ten (10) days given to him. His reason for this could also be that he and the Plaintiff entered into a Consent Paper and wants the divorce as well. In this case, the divorce could take three (3) days. This would apply in the following hypothetical example:Monday:
- Meet with the fast and efficient lawyer (or give us a call to refer you to one);
- Draft the summons, particulars, consent paper;
- Sign the consent paper and issue the summons;
- Serve the summons on the defendant by the sheriff;
- The defendant signs a waiver;
- File the consent paper at the office of the family advocate for endorsement; and
- Ensure the court file is in order and set the matter down before noon.
Tuesday:
- Collect the endorsed consent paper from the office of the Family Advocate.
- Meet with your lawyer, or one of our recommended lawyers, to prepare you for court the next day.
Wednesday:
- Be at Court early.
- Get divorced.
Getting divorce within 3 days It often happens, when a marriage has irretrievably broken down, the parties are in agreement that they have to divorce. Furthermore, the parties came to an agreement regarding the propriety aspects of the marriage, care and contact of the minor children, as well as who 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
Lawyer, attorneys, advocates in Cape Town
Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation.Maintenance Lawyers in Cape Town
A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself.Legal Cape Town
You would use this search term should you require legal advice or services in Cape TownFamily law consultation
This consultation would deal with various aspects of family law. This includes child maintenance, custody, domestic violence or divorce.Legal lawyer
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There are many affordable family law attorneys.Legal aid help
Legal aid is for persons who cannot afford legal assistance.Family law issues
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Legal Aid is there to assist people who cannot afford legal representation.Family law advice
This relates to divorce, custody, and relationship issues.Custody law
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This lawyer would assist should there be a dispute regarding paternity.Labour lawyers Cape Town
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Legal aid does have famiily lawyers.Legal aid assistance
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Adoption falls under family law. Speak to a family lawyer.Family law attorneys
Theses attorneys deal with child custody, divorce and so on.Legal services civil advocate
This would be an advocate who does not deal in criminal matters.legal aid legal services corp
This would relate to a legal aid business.Unbundled legal services
This would relate to unbundled legal services offered.Maintenance court
Each magistarial area in Cape Town has a maintenance court.Free lawyer services
Some lawyers offer free legal services.Divorce child custody
Divorce and Child custody goes and in hand.Separation lawyer
A lawyer who would assist you during separation.Legal advice
A lawyer would provide this.Family law mediation
This is an option where you do not want to go to court and have the matter resoved with the assistance of a third party. Usually a mediator.Child visitation lawyers
A chid visitation lawyer would assit you in obtaining contact to your child.Low cost family law attorney
There are attorneys who charge a lawyer cost.Uncontested divorce lawyer
A divorce where both parties agree to it. The lawyer would assist.Family law divorce lawyer
This would be a lawyer, attorney or advocate that deals with family and divorce matters.Family law practice
This would be a legal practice, of either an attorney or advocate who specialises in Family Law.Community legal services
These are organisations that assists the public with legal issues.Legal consultation
This would be a consultation with an attorney or advocate for legal adviceFamily practice lawyer
An attorney or advocate specialising in family legal matters.Custody issues
Child custody issues relate to matters of visitation, guardianship and so on.Marriage attorney
A marriage attorney is one who deals with ante-nuptial contract, parenting plans, and divorces.Legal offices
Legal offices are the places where lawyers work and consult from.Lawyer consultation
Law consultations are consultations with lawyers for advice.Family custody lawyers
Family custody lawyers assists parents with their parental rights.Attorneys cape town
There are many attorneys in Cape TownFathers custody rights
A father’s custody rights may differ if he was married to the mother or not as well as his involvement in the child’s life.Custody lawyers
Custody lawyers assists parents with their custody rights.Child custody lawyers
Child Custody lawyers assists parents with their custody rights.Legal advice service
Various, if not all lawyers provide a legal advice service.Maintenance court cape town
Cape Town has a maintenance court.Law lawyers
All lawyers deal with law.Fathers rights child custody
A father’s right to child custody depends on whether he was married to the child’s mother. It also depends on his involvement in the child’s life.Divorce advocate
A divorce advocate specialises in divorce matters.Family law
The branch of law dealing with family issues. For example, marriage, divorce, child custody and maintenance.Legal help
Legal assistance.Divorce cape town
Many divorces take place in Cape TownLegal advisory
A legal advisory is a place that advices on legal matters.Domestic lawyer
This would be a local lawyer.Child custody for fathers
This would apply if there are issues regarding custody for fathers in relation to they children.Family court lawyer
A family court lawyer is a lawyer who represents clients in the family court.Legal aid lawyer services
Lawyers that assist you working for the legal aid.Family law legal aid
Legal aid that assists in family law matters.Our lawyer
This would refer to Our Lawyer (Pty) Ltd.Child maintenance
This relates to support for children by parents.Family law lawyers
There are many family law lawyers in Cape Town.low income lawyers
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Affordable attorney
There are many affordable attorneys in Cape Town.Family law referral services
Family law services where they refer you to a specific lawyer.Legal aid child support attorney
This would be an attorney work works for legal aid assisting parents with child support.Reduced fee domestic violence legal aid
Some lawyers may reduce their fees for domestic violence matters.Pro bono domestic violence legal aid
These would be lawyers who assist for free on domestic violence matters.Free family attorney
There are certain attorneys who do not charge for certain services.Pro bono employment legal aid
Legal aid assists people who cannot afford a lawyer.Free lawyer consultation
You would find lawyers offering free first time consultations.Pro bono family law services
Some lawyer offers free family law services.Pro bono representation
Probono relates to free legal assistance.Employment legal services
This is a lawyer who assists in employment matters.Pro bono civil lawyers
Lawyers who do not charge for civil matters.Family law services
This relatest to child custody, divorce, relocation, and so on.Reduced fee health care legal aid
This would relate to a lawyer offering free health care legal advice.Free lawyer advice
Some lawyers offer free advice.Pro bono family law lawyers in Cape Town
This would relate to a lawyer operating in Cape Town offering free family law assistance.Pro bono insurance law assistance
This is where a lawyer assist you for free fro insurance matters.Pro bono attorneys for child support
Some attorneys would not charge you for child support claims.Lawyer aid service
This would be where a lawyer assist you for free.Free family law assistance
This is where you receive free family law assistance.Free family law services
Some organisations offer free legal services in the field of family law.Corporate legal advice service
This relates to companies and businesses. For example, issues relating to contracts, or labour issues.Legal services of lawyers
This relatest to the legal services lawyers offer.Reduced fee family law services
Some law firms offer reduced fees for family law matters.Legal Aid legal services
This is where legal advice would assist you with a legal matter.Pro bono family law assistance
Some lawyers offer free legal family law assistance.Law firms in Cape Town
There are many law firms in Cape Town dealing with a variety of matters.
Lawyer, attorneys, advocates in Cape Town Below are searched phases regarding legal services in Cape Town, South Africa. We give a brief explanation. Maintenance Lawyers in Cape Town A maintenance Lawyer would assist you in obtaining child maintenance or maintenance for yourself. Legal Cape Town You would use this search Continue Reading
Top Five (5) type of Law Firms for your case in Cape Town – Advocate Muhammad Abduroaf
When it comes to legal issues, it’s important to understand that not all legal problems are created equal, and consequently, not all lawyers possess the same expertise. Each legal case is unique, and selecting the right type of law firm can make a significant difference in the outcome of your situation. Below, we outline the top five types of law firms you might consider for your case in Cape Town, along with a brief overview of the specific areas they specialize in.Family Law Firms
Family law firms specialize in legal matters related to family relationships, such as divorce, child custody, adoption, and domestic violence. These firms often have compassionate attorneys who understand the emotional complexities involved in family disputes. If you are facing issues related to marriage dissolution or child arrangements, a family law firm is best suited to handle your case with sensitivity and expertise.Criminal Defence Firms
If you are charged with a crime, whether it be minor or very serious, enlisting a criminal defence firm is crucial. These attorneys have in-depth knowledge of criminal law and can develop effective defence strategies tailored to your specific situation. They protect your rights and strive to achieve the best possible outcome, whether that means a reduction of charges or a full acquittal.Corporate Law Firm
For business-related legal matters, corporate law firms are vital. They handle a variety of issues including contracts, mergers and acquisitions, compliance, intellectual property, and employment law. If you are an entrepreneur or a business owner facing legal challenges or seeking to establish your venture, corporate lawyers can provide crucial guidance to help navigate the complex legal landscape.Personal Injury Firms
Personal injury law firms specialize in cases where individuals have suffered harm due to another party’s negligence, such as car accidents, slip and fall incidents, or medical malpractice. These firms understand the intricacies of compensation claims and have the resources to negotiate with insurance companies or litigate in court on your behalf. If you’ve been injured and are seeking justice and compensation, finding a skilled personal injury lawyer is essential.Property and Real Estate Firms
Navigating issues related to property, real estate, and land use can be complex. Law firms specialising in property law can assist with transactions, disputes over ownership, zoning regulations, and leasing issues. Whether you are buying a home, involved in a boundary dispute, or managing rental properties, a property firm can provide the necessary expertise to safeguard your interests. Choosing the right law firm can significantly impact the resolution of your legal matter. It’s beneficial to consult with attorneys who have a proven track record in your specific area of concern. Take the time to research and meet with various firms to find the best fit for your case in Cape Town. Remember, your legal journey is important, and having the right advocate can help navigate the challenges ahead
Top Five (5) type of Law Firms for your case in Cape Town – Advocate Muhammad Abduroaf When it comes to legal issues, it’s important to understand that not all legal problems are created equal, and consequently, not all lawyers possess the same expertise. Each legal case is unique, and Continue Reading
What all separated parents should know before the holiday season. Use this legal advice to ensure that the holidays go by smoothly.
During the festive season, school is out and the holidays are here. This is a time of year when children get a break from the long school hours, early mornings, homework and exams. It is a welcomed relief to most parents and children. Parents no longer have to deal with homework, washing of school clothing and making sure their children arrive at school on time. Of course, there are other challenges. For example, the children would need to be entertained and be cared for during the day. Sometimes whilst the parents are at work.Contact arrangements during school holidays
During the school holidays, contact arrangements of separated parents concerning their children would change. Children would usually be one full-half of the holidays with one parent, which half would alternate each year. The split usually takes place after Christmas. Some parents follow a week-on, and week-off arrangement. On a rare occasion, the parent continues with contact as they have during the school term. This may apply to parents who are working during the holidays. So most of the time, during a period in the holidays, one parent cares for the child; then the other can take a break from caring. If the mother is the primary caregiver, she can use this time to go on a mini-vacation or catch up on her reading or go out on an outing with her friend. Therefore holiday time could be very beneficial to the child and parents concerned. Sometimes one parent wants to go on a holiday overseas with the child to visit a relative, but consent is not forthcoming from the other parent. And other times, a parent wants to have more contact than they usually exercise, which would infringe the other party’s contact rights. On the flip side, a parent may not be available to care for the child during the holidays due to work, or other reasons. These and other issues can arise during the school holidays. This article will try to address some of these scenarios, with some advice, and advise on when to approach the court should they not be able to resolve them. Now let us begin.Parenting arrangements for separated parents during the holidays
Parenting arrangements for separated parents can come in various forms. It may either be in the form of a mediated parenting plan, informal documented arrangement, or an order of Court. In other cases, the parties have some type of verbal agreement which they follow and confirm via email or text messages. Some parents use the children as the go-between to arrange holiday contact. Should the parents adhere to the terms of the agreement; no problems would arise during the holidays. A well deserved holiday would be on the horizon. However, our experiences are that during the end of the year holiday, problems are more likely to arise than at any other time of the year. This would be so notwithstanding there is a binding legal agreement in place. This article will attempt to highlight those problems and also provide you with workable solutions to avoid them. Let us start with the usual holiday contact.Holiday contact – All families are different
All families are different. The type of contact a parent would have to a child during the holidays would vary from family to family. This would depend on the various family dynamics. For example, the age of the children, and whether or not the parents are working during the school holidays. Another factor is whether or not they live close to each other. Whatever the Dynamics, the parenting arrangement should be workable and sensible.Equal sharing of long and short school holidays
The usual parenting agreement would be for the parents to share school holidays equally. Of course, not all parents have the privilege of not having to work during school holidays. It is therefore important that prior to the holidays, parents come to a workable agreement on how contact should be exercised during that period. This is not only in the child’s best interest but in the interests of the parents concerned. Parents will not want to spend their entire holiday fighting over contact. They should use this time to spend quality time with the children and also to enjoy the holiday season.What all separated parents should do before the holidays
A few months before the holidays, the parents should discuss contact for that period. What worked a few years ago when the children were young might not be applicable today. For example, now the children have to attend school camp or attend to additional tuition. Furthermore, they may want to go away to a sporting event for the holidays. Notwithstanding the various dynamics, the parents have to come to an agreement regarding how contact should be exercised during school holidays way in advance. Obviously, during the school term, their schedule is set.What to do if an agreement cannot be reached
Should the parents not be able to come to an agreement regarding contact during the school holidays, it is important for them to have a look at the parenting plan or Order of court in this regard. Usually, the parenting plan would deal with facilitation or mediation, as well as the Court Order. If it does not, it is strongly advised that you approach a mediator to assist in resolving the care and contact issues for the holidays. If that is not possible, then read on to learn more regarding some possible solutions.When to approach the Court regarding holiday contact?
The last resort for parents who cannot agree on contact during the holidays is for them to approach the court. Even if there is a court order in place, but it has since become impractical, one would expect parents to act reasonably. However, if one parent is adamant that the court order should be followed, then approaching the court is the route to follow. But before doing so, it may be wise to see a legal practitioner for legal advice on the specific issue. An attorney may also send the other parent a letter. This may resolve matters. Let us look at a few examples of when approaching the court would be necessary. Refusal of Contact when there is no order in place
If there is no court order in place, and the primary caregiver refuses you contact to your child, then first try to mediate the matter. Trying to enter into a parenting plan would be a wise idea. If that is not possible, or fails, then approaching the court would be the next step to follow. A family law attorney would be able to assist you.There is a Court Order in place
Let’s say there is a contact court order in place. However, it is outdated and not workable. This is so because the children are now teenagers, and contact should be no longer every second day, but for a week at a time. This is not only practical but also what the children want. If there is a parenting plan in place, that allows for the mediation of such a matter, then mediation should be followed. If not, then a variation of the court order would be warranted. The court would always look at what is best for the children, and not what the parents want.Refusal to give consent to take the minor child on holiday overseas
Both parents who hold parental responsibilities and rights of guardianship should consent to the minor child leaving South Africa for visits overseas. However, it often happens that custody agreements or Court orders don’t deal with this scenario. When the party separated they did not foresee the possibility of the child wanting to leave the country with the other parent. Nonetheless, this scenario is a reality. The parties, therefore, have to be sensible and come to an amicable agreement regarding it. If they cannot come to an agreement regarding the minor child leaving the country with the other parent then, unfortunately, the court should be approached.Refusal to give consent for the minor child to obtain a passport
When the children were young at the time of divorce or separation, the parents may not have seen the necessity for them to obtain a passport. However, things changed. Now that their children are teenagers they may want to travel overseas with a parent. Should this occur they would have to obtain a passport. Here too the law says that both parents should consent for the application of a passport if they are both guardians. Therefore, if one parent does not consent then the High Court should be approached. This would be very unfortunate seeing that High Court litigation is very expensive. The parties would have to appoint a legal practitioner to make the application to the court and oppose it if necessary. This would not be in the minor child’s best interest. Nonetheless, the court will decide what is best for the minor child concerned.Child maintenance during the festive season
Lastly, we would like to touch on the issue regarding child maintenance during the festive season. During holiday times, children become more expensive. They eat more, want to go out more, and at the same time use more water and electricity at home. Unfortunately, these added expenses can burden a parent caring for children during the holiday season. We, therefore, advise parents to timeously discuss these issues and see whether or not they can come to an agreement regarding the expenses of the child during the holidays. Unfortunately, if a parent does not want to contribute more than he or she is currently contributing; the other parent would have to approach the maintenance court. The sad reality of this is that the maintenance court can take many months to finalize such an issue. We, therefore, implore on all separated parents to be cognizant of this fact and try to be more generous regarding child maintenance during the holiday season.Final words of advice two parents who are separated during the festive season
As outlined above, it is important that parents timelessly come to an agreement regarding contact in relation to a minor child during the festive season. If they do not do that, many problems can arise in the future. Of them could be limited or no contact with a minor child. It could also mean that a court should be approached should one parent not decide to provide contact to the minor child. This can all be avoided should the parties work together in what is best for the minor child concerned. If however, the parents cannot come to an agreement regarding contact, consent to travel abroad, or apply for a passport for a minor child; then the parents would have to resolve this matter in the High Court. This is best to be avoided at all costs. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
What all separated parents should know before the holiday season. Use this legal advice to ensure that the holidays go by smoothly. During the festive season, school is out and the holidays are here. This is a time of year when children get a break from the long school hours, Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Swellendam.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Swellendam
Whether you claim child maintenance in Swellendam, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Swellendam.
The maintenance scenario – Swellendam South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Swellendam
- The child is cared for by the mother who works in Swellendam
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Swellendam
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Swellendam, it would be the maintenance court in Swellendam. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Swellendam, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Swellendam Maintenance Court?
Once you have been notified of the maintenance court date by the Swellendam Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Swellendam?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Swellendam Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Swellendam Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Swellendam, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Swellendam. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kimberley.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Kimberley
Whether you claim child maintenance in Kimberley, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Kimberley.
The maintenance scenario – Kimberley South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Kimberley
- The child is cared for by the mother who works in Kimberley
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Kimberley
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Kimberley, it would be the maintenance court in Kimberley. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Kimberley, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Kimberley Maintenance Court?
Once you have been notified of the maintenance court date by the Kimberley Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Kimberley?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Kimberley Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Kimberley Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Kimberley, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kimberley. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Johannesburg.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Johannesburg
Whether you claim child maintenance in Johannesburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Johannesburg.
The maintenance scenario – Johannesburg South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Johannesburg
- The child is cared for by the mother who works in Johannesburg
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Johannesburg
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Johannesburg, it would be the maintenance court in Johannesburg. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Johannesburg, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Johannesburg Maintenance Court?
Once you have been notified of the maintenance court date by the Johannesburg Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Johannesburg?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Johannesburg Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Johannesburg Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Johannesburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Johannesburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading