Appeals and Reviews in South African Court – Advocate Muhammad Abduroaf

If you are considering appealing or reviewing a decision from a court in South Africa, it’s essential to understand the process and your options. In this context, you can approach an Advocate directly, especially one with a trust account, such as Advocate Muhammad Abduroaf. This allows you to streamline the appeal process since you won’t need to engage an instructing attorney.

Advantages of Using a Trust Account Advocate:

Direct Engagement

You can instruct the advocate directly, which can simplify communication and potentially reduce costs.

Trust Account

Payments for legal services are made into a trust account, ensuring that your funds are handled securely and transparently.

Statement of Account

After the work is completed, you’ll receive a detailed statement, providing clarity on the services rendered and any fees incurred.

Types of Appeals:

Advocate Muhammad Abduroaf specializes in various types of appeals, including but not limited to:

Appeals from the Magistrate’s Court

Challenging decisions made in lower courts.

Appeals from the Maintenance Court

Addressing issues related to maintenance orders.

Appeals from the Criminal Court

Contesting convictions or sentences in criminal cases.

Appeals from the Domestic Violence Court

Seeking changes to orders or decisions regarding domestic violence matters.

Appeals from the various High Courts

Engaging in appeals that address higher court decisions.

Appeals from Labour Courts

Handling disputes arising from employment and labour law matters. If you feel strongly about a court’s decision and wish to challenge it, engaging with Advocate Muhammad Abduroaf may be a viable option. You can discuss your specific situation directly with him to determine the best course of action for your appeal.

Looking for Family Legal Services in Plumstead- 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 within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Plumstead area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Plumstead

Legal Advice in Plumstead– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Plumstead

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Plumstead

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:                         /20__ In the matter between: JOHN LAWYER                                                                                                            (Plaintiff) and JANE LAWYER                                                                                                          (Defendant) __________________________________ TO THE SHERIFF/DEPUTY: INFORM JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape THAT JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto; INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-

• within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
• thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her; INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;   And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon. DATED AT CAPE TOWN THIS         DAY OF                 202__. ……………………………………………………………… REGISTRAR OF THE HIGH COURT                                                                                  JOHN LAWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000     To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN   ____________________O0O___________________              

PLAINTIFF’S PARTICULARS OF CLAIM

1. The Plaintiff and the Defendant are as described on the face of the Summons.
2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
4. Kindly find attached a copy of their marriage certificate marked “A”.
5. There are no minor children born from the marriage.
6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
   • There is no love and affection; and
   • The Plaintiff no longer wish to be married to the Defendant.

  WHEREFORE PLAINTIFF PRAYS FOR:

1. A Decree of Divorce;
2. Equal Division of the Joint Estate;
3. Costs, only in the event this action is defended; and
4. Further and / or alternative relief.

DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021. I AM MY OWN LAYWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000   To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN _____________________O0O___________________

Looking for Family Legal Services in Masiphumelele- 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 within close proximity. Look no further.

Family Legal Advice Consultancy

We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Masiphumelele area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Masiphumelele

Legal Advice in Masiphumelele– Family law legal topics

• Child Maintenance
• Ante-nuptial Contact
• Change Matrimonial Property Regime
• Child Adoption
• Child Custody and Access
• Domestic Violence Protection
• Family Trust Registration
• Fast Unopposed Divorces
• Non-Compliance with maintenance orders
• Parenting Plans
• Postnuptial Contract Registration
• Pre-nikkah Agreement

Child Maintenance

1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
2. Child Maintenance Question. How much should I pay or contribute as a p
3. Child Support or maintenance claims. Does an unemployed father pay?
4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
5. Tricks and tips on how to win your child maintenance case

Child Custody

1. The Law Regarding Children – The Children’s Act 38 of 2005
2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
3. How do I get full custody over my child?
4. Parental Child Abuse in Custody Cases
5. Relocate with minor child. Parent Refusing Consent for a Passport
6. Father being refused contact to his child! What are his rights as a Father?
7. Father’s Parental Responsibilities and Rights to his Child
8. Urgent Access to your Children without a Lawyer
9. Parenting Plans and the Law
10. What happens in a custody dispute where one parent is mentally ill?
11. How to win your child custody and access court case – Tips and Tricks
12. Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?

Divorce and Property

1. How to Change your Matrimonial Property Regime
2. Do your own Unopposed Divorce. No lawyers needed and its Free.
3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

• Divorce guide
• Sample High Court Summons
• Particulars of Claim
• Notice of Set Down

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Masiphumelele

1. Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
2. You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
3. Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
4. We urge potential clients to read their email well as well as the terms and conditions within the email.
5. Only once payment has been made, will the face to face legal consultation be confirmed.
6. Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Free legal products if you live in Masiphumelele

1. Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
6. Urgent Holiday Contact Toolkit

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?

EXAMPLE OF A CONSENT PAPER

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.

3. 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.
4. 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.
5. THE JOINT ESTATE OF THE PARTIES SHALL BE DIVIDED AS FOLLOWS:
   • Defendant’s Investment Policy
     • XXX
   • MOTOR VEHICLES
     • XXX

6. BALANCE OF THE JOINT ESTATE
   • The balance of the Joint Estate shall equally be divided between the Parties.
7. 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.
8. 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.
9. COSTS
   • Each party shall pay their own legal costs associated with the divorce.

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?

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

Can you refuse to get a divorce?

Can I do my own divorce?

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

Can you be denied a divorce?

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

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

Do both parties have to agree to get a divorce?

Can you get a divorce without a lawyer?

How long does it take to get a contested divorce?

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

How much does it cost to get a mutual divorce?

How cheap can you get a divorce?

Can you get a divorce for free?

How fast can you get a divorce?

How much does it cost to get a divorce?

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

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

Can you make your spouse pay for the divorce?

Can you force a divorce?

How do you stop a divorce after filing?

Can you contest a divorce?

What is an uncontested divorce?

What do I need for a contested divorce?

Can serve divorce papers myself?

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

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

What are unreasonable terms in a divorce?

Can I do my own divorce?

How much will it cost to get a divorce?

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

Where can I get divorce papers for free?

How much money does it cost to get a divorce?

Can you refuse to get a divorce?

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

What happens if your spouse does not sign divorce papers?

Can you be denied a divorce?

Do both parties have to agree to get a divorce?

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

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

How long does it take to get a contested divorce?

Can a judge not grant a divorce?

Can the father get full custody of his child?

Can you force a divorce?

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

Is it adultery to date while separated?

Is it cheaper to get divorced after 2 years?

Can you get a divorce without the other person knowing?

Can you get a divorce online?

Can you get a divorce without a lawyer?

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

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

How can I file for a divorce on my own?

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

Can serve divorce papers myself?

What is sexual misconduct during a divorce?

What is an informal separation in a marriage?

Can I date while separated before the divorce?

Is it okay to date while going through a divorce?

How much do you pay in alimony and child support?

How do you figure out alimony?

Can you refuse to get divorced?

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

Can a mother take her child away from the father?

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

Can a judge not grant a divorce?

How long does it take to get a contested divorce?

How much is a contested divorce?

Do you have to have proof of divorce to remarry?

Is a decree of divorce the final divorce?

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

How long does divorce take?

Can I divorce my wife without her consent?

Do both husband and wife have to agree to divorce?

Can you force your spouse to divorce you?

Can you contest a divorce?

How long do you have to keep your divorce papers?

Where can I get a copy of my divorce papers?

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

What does it mean when a divorce is contested?

Can you fight a divorce?

How much does it cost to get an uncontested divorce?

How long do you have to keep bank statements for?

Are all divorce records public?

Can I find divorce orders online?

How do you find out if your divorce is final?

Are divorce filing public records?

How can I get my divorce certificate?

How do you get a copy of a divorce decree?

Can you refuse to get divorced?

Is everything Split 50 50 in a divorce?

Can a wife claim her husband property in the divorce?

Can I keep my house in a divorce?

Who gets the child in a divorce?

Can infidelity be used in a divorce?

Can you lose custody of your child due to adultery?

Can you sue your spouse for adultery?

Can the father get full custody of his child?

What is considered adultery in a divorce?

Can a mother take her child away from the father?

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

How do you prove a parent unfit?

What is considered an unfit mother?

How can mother win child custody?

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

What is considered a stable environment for a child?

How long does divorce take?

What is unreasonable divorce settlement in a divorce?

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

Can you defend a divorce?

What happens if your wife does not sign divorce papers?

Can you be denied a divorce?

What are the legal implications of a step-parent adopting a child in South Africa? Is it possible and  what are the rights of the biological parents?

It often happens that a couple marries and there are step-children involved. A spouse would therefore have a child from a previous relationship. The previous relationship could either have been a marriage or just a romantic experience. Sometimes, the step-parent would want to adopt the child, affording him or her legal rights and responsibilities over the child. This is the case, even if the other parent is still alive and in the picture. It may happen that a parent is not much involved in a child’s life and would not mind that the other parent who cares for the child have his or her spouse adopt the child. By doing so, the child would have the step-parent’s surname. The responsibility towards the child would now also fall on the step-parent. Whatever the reason, this article deals with the legal aspects. As you would see further below, an adoption order has the following effect: (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child. The law dealing with adoptions is the Children’s Act 38 of 2005 (the Act). Chapter 15 of the Act which deals with it is quite extensive. It starts at section 228 and ends at section 253. We will first deal with the issue as which child may be adopted. For a full view of the Act and the relevant sections, click here. Child who may be adopted 230.(1) Any child may be adopted if- (a) the adoption is in the best interests of the child; (b) the child is adoptable; and (c) the provisions of this Chapter are complied with. (2) An adoption social worker must make an assessment to determine whether a child (3) A child is adoptable if – (a) the child is an orphan and has no guardian or caregiver who is willing to adopt the child; (b) the whereabouts of the child’s parent or guardian cannot be established; (c) the child has been abandoned; (d) the child’s parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected; or (e) the child is in need of a permanent alternative placement. Next, we deal with who may adopt a child. Persons who may adopt child 231.(1) A child may be adopted- (a) jointly by- (i) a husband and wife; (ii) partners in a permanent domestic life-partnership; or (iii) other persons sharing a common household and forming a permanent family unit; (b) by a widower, widow, divorced or unmarried person; (c) by a married person whose spouse is the parent of the child or by a person whose permanent domestic life-partner is the parent of the child; (4 by the biological father of a child born out of wedlock; or (e) by the foster parent of the child. Lastly, should all go well, the court would make an adoption order. The next section of the Act deals with the effect of the adoption order. Effect of adoption order 242.(1) Except when provided otherwise in the order or in a post-adoption agreement confirmed by the court an adoption order terminates – (a) all parental responsibilities and rights any person, including a parent, step-parent or partner in a domestic life partnership, had in respect of the child immediately before the adoption; (b) all claims to contact with the child by any family member of a person referred to in paragraph (a); (c) all rights and responsibilities the child had in respect of a person referred to in paragraph (a) or (b) immediately before the adoption; and (d) any previous order made in respect of the placement of the child. (2) An adoption order – (a) confers full parental responsibilities and rights in respect of the adopted child upon the adoptive parent; (b) confers the surname of the adoptive parent on the adopted child, except when otherwise provided in the order; (c) does not permit any marriage or sexual intercourse between the child and any other person which would have been prohibited had the child not been adopted; and (d) does not affect any rights to property the child acquired before the adoption. (3) An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child.

What are the rights of step-parents and his or her spouse after the step-parent adopted the child?

What are the rights of the step-parent and the biological parent’s post-adoption?

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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Worcester.

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 Worcester

Whether you claim child maintenance in Worcester, 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 Worcester.

The maintenance scenario – Worcester South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Worcester
2. The child is cared for by the mother who works in Worcester
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Worcester
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. 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 Worcester, it would be the maintenance court in Worcester. 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 Worcester, 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 Worcester Maintenance Court?

Once you have been notified of the maintenance court date by the Worcester 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 Worcester?

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 Worcester 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 Worcester 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, Worcester, 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 Soweto.

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 Soweto

Whether you claim child maintenance in Soweto, 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 Soweto.

The maintenance scenario – Soweto South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Soweto
2. The child is cared for by the mother who works in Soweto
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Soweto
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. 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 Soweto, it would be the maintenance court in Soweto. 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 Soweto, 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 Soweto Maintenance Court?

Once you have been notified of the maintenance court date by the Soweto 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 Soweto?

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 Soweto 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 Soweto 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, Soweto, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester