I want to relocate from South Africa to Spain with my minor child. The other parent does not want my child to relocate to Spain. What can I do? Spain is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment Continue Reading
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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Zwelitsha.
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 Zwelitsha
Whether you claim child maintenance in Zwelitsha, 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 Zwelitsha.
The maintenance scenario – Zwelitsha 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 Zwelitsha
- The child is cared for by the mother who works in Zwelitsha
- 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 Zwelitsha
- 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 Zwelitsha, it would be the maintenance court in Zwelitsha. 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 Zwelitsha, 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 Zwelitsha Maintenance Court?
Once you have been notified of the maintenance court date by the Zwelitsha 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 Zwelitsha?
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 Zwelitsha 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 Zwelitsha 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, Zwelitsha, 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 Zwelitsha. 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 from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Potchefstroom Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Potchefstroom or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Potchefstroom. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Potchefstroom or any other city in South Africa.
What to do before visiting the Potchefstroom Children’s Court
Before you approach the Children’s Court in Potchefstroom, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Potchefstroom has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Potchefstroom Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Potchefstroom Children’s Court
The Potchefstroom Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Potchefstroom Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Potchefstroom Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Potchefstroom.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Potchefstroom Children’s Court
Once you complete the Form A and submit it to the Clerk of the Potchefstroom Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Potchefstroom Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Potchefstroom Children’s Court
Once the Potchefstroom Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Potchefstroom Children’s Court Application tips 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, Potchefstroom, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Potchefstroom Children’s Court Family law legal matters can be very stressful. This is so whether you live in Potchefstroom or any other city in South Africa. Especially so if you Continue Reading
Best advice on finding a top divorce lawyer for your divorce case in Muizenberg, Cape Town
Do you live in Muizenberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Muizenberg or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Muizenberg or anywhere else in South Africa. The issues we shall deal with are the following.- Gender of the Advocate or attorney;
- Location of the Advocate or attorney;
- Experience of the Advocate or attorney;
- Costs of the Advocate or Attorney; and
- The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.What is the ideal office location of the Advocate or attorney? Does it have to be in Muizenberg?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.
Best advice on finding a top divorce lawyer for your divorce case in Muizenberg, Cape Town Do you live in Muizenberg, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound Continue Reading
Divorce Court Cape Town
Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. [caption id="attachment_4360" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] Divorces are most likely to take place in the High Court. This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court.Uncontested divorce in South Africa
There are two types of divorces which calls for different divorce processes:- Contested or opposed divorce and
- the uncontested or unopposed
[caption id="attachment_4362" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested divorce on the other hand, can take years. An uncontested divorce simply means that both parties agrees with the terms and conditions of the divorce as well as the attorney. On the other hand, a contested divorce take place when parties are not on the same page and cannot find a mutual ground. Because of this, the divorce will have to undergo significant stages such as pleadings, trial applications, trial, judgment and so forth. For more information on divorce, click on the following links below:- Divorce frequently asked questions and answers South Africa
- Divorce questions and answers
- Do your own unopposed divorce. No lawyers needed and its free.
- Parental rights of divorced Muslim parents after talaq or faskh
- 21 Uncontested Divorces in the Western Cape High Court today.
Feel free to call our offices and have your online appointment made for you for a professional legal consultation today. See our legal services for price listings. [caption id="attachment_4363" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] Bear in mind that a legal consultation will have to take place first before any legal advice can be given. It is only through the legal consultation that the legal expert will know what the legal matter is all about.Questions to ask a divorce Attorney on first visit
During your legal consultation with us, you may have many questions about the forward with your divorce. The legal expert will clarify all your questions. The most common questions we often faced with are:- Your legal rights regarding the divorce
- Maintenance matters
- Child custody matters
- How long does it take to get a divorce?
- How long does it take for a divorce to be finalized?
- Splitting of assets
- Protection order in a case of violence and abuse etc
[caption id="attachment_4364" align="alignleft" width="300"]
Call us on: 0211110090
Email: [email protected][/caption] All of the above are relevant questions to the matter at hand and should be addressed head on with the guidance of the family law legal expert.How do I go about a divorce in South Africa?
The high court will grant a divorce order after. For the Regional Court of the Magistrate, you will need to serve a summons before starting the divorce process. [caption id="attachment_4385" align="alignleft" width="300"]
Call our offices on: 0211110090
Email: [email protected][/caption] At Our Lawyer Pty Ltd, we have dealt with a number of divorce matters with different circumstances. Depending on the nature of the divorce, the family legal expert will be assessing the situation and then advise you on the best way forward. Our Legal expert has years of experiences in divorce, child maintenance and child custody legal matters. For a good Attorney or legal expert, feel free to call our offices for an online appointment for a legal consultation. We are conveniently situated in the heart of the buzzing CBD – you can find us at Suit 702, 7th Floor, The Pinnacle on the corner of Strand and Burg Street, Western Cape, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best.Online divorce South Africa
Technology is of a dynamic nature which is why we have moved with the times. We have recently introduced our modern, online operation. Efficiency and convenience is our main objective for the layperson. [caption id="attachment_4390" align="alignleft" width="300"]
Call our offices on: 0211110090
Email: [email protected][/caption] Should you be residing out of the South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call. We have now recently introduced our national contact number which caters for those residing out of Cape Town. Our online appointment system is efficient and gets you in the swing of an easy step to having your legal consultation with the legal expert. Simply call our offices today and have your online appointment made for you!
Divorce Court Cape Town Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may Continue Reading
17 Relocation with my minor child to Italy, Rome (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Rome, Italy If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Carletonville or Pietermaritzburg, South Africa, and you want to relocate to Rome, Italy, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Rome, Italy? The same applies when it comes to your minor child applying for a South African passport to relocate to Italy, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Rome, Italy with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Rome, Italy. What can I do if the other parent does not want to consent to the minor child’s relocation to Rome, Italy? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Rome, Italy, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Rome, Italy. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Rome, Italy, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Rome, Italy? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Rome, Italy – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Rome, Italy, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Rome, Italy If you require legal assistance or representation with relocating to Rome, Italy due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
17 Relocation with my minor child to Italy, Rome (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades Continue Reading
Family Trust explained
To ensure that your assets are safe and protected, you may want to consider a family trust. Having a family trust means that your assets will be kept safe and secure for the trust beneficiaries – those who will be benefiting from the trust. Furthermore, the trustee will not enjoy personal benefits of the trust but will simply be holding the assets for the trust beneficiaries. [caption id="attachment_4576" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Exactly how is this different from your Last Will and Testament? It is simple. The will takes effect only after one’s death while the trust can be executed in your living days. For more legal advice on professional legal drafting of family trust and wills, call our law offices on 021 424 3487 today and have an online appointment made for you today.Trust registration South Africa
Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:- Understand why you are setting up the trust: think about the purpose of the trust.
- What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
- Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
- Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
- Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
- Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
[caption id="attachment_4577" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] For more information on the procedure of trust registration, call our law offices on 021 424 3487 for an online appointment for a professional legal consultation. If you’re residing out of Cape Town, then fell free to make use of our national number on 087 701 1124 today.Trust vs Will
First of all, a will is written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. [caption id="attachment_4578" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] A trust on the other hand, can be effective before and after death and is associated with assets and property management. And while this may sound convenient and appealing, it does come with its own disadvantage as well. The trust can be more of a hassle due to it having to be funded and actively managed in your living days. Speak to your family legal expert today on family trusts and wills and have your will and trust professionally drafted with us. Call our law offices on 021 424 3487 for an online appointment today. Connect with us!
Family Trust explained To ensure that your assets are safe and protected, you may want to consider a family trust. Having a family trust means that your assets will be kept safe and secure for the trust beneficiaries – those who will be benefiting from the trust. Furthermore, the trustee Continue Reading
How do I find the best advocate in South Africa for my case?
Many searches are going around seeking the best advocate. It is not an easy question to answer. That is so because the law is very diverse, and the question is not very specific. Furthermore, the answer would be very subjective. For example, the best advocate in Family Law may not be the best advocate in Property Law. The same applies to criminal law. Furthermore, it would be difficult to find information from one advocate about how well he or she is doing for his or her clients compared to another advocate. Therefore, we suggest you find an advocate who speaks to your specific needs and circumstances. Here are some tips:- Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
- Research Online: Use legal directories;
- Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
- Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
- Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
- Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
- Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
- Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
- Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
- Consider Location: Proximity can be important for ease of communication and meetings.
Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.
How do I find the best advocate in South Africa for my case? Many searches are going around seeking the best advocate. It is not an easy question to answer. That is so because the law is very diverse, and the question is not very specific. Furthermore, the answer would Continue Reading
Looking for Family Legal Services in Oranjezicht- 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 Oranjezicht 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 Oranjezicht
We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.Legal Advice in Oranjezicht– Family law legal topics
For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:- 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
And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:Child Maintenance
- How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
- Child Maintenance Question. How much should I pay or contribute as a p
- Child Support or maintenance claims. Does an unemployed father pay?
- Non-compliance with Maintenance Orders — Civil and Criminal Remedies
- Tricks and tips on how to win your child maintenance case
Child Custody
- The Law Regarding Children – The Children’s Act 38 of 2005
- 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?
- How do I get full custody over my child?
- Parental Child Abuse in Custody Cases
- Relocate with minor child. Parent Refusing Consent for a Passport
- Father being refused contact to his child! What are his rights as a Father?
- Father’s Parental Responsibilities and Rights to his Child
- Urgent Access to your Children without a Lawyer
- Parenting Plans and the Law
- What happens in a custody dispute where one parent is mentally ill?
- How to win your child custody and access court case – Tips and Tricks
- Rights of care, contact and guardianship of grandparents to their grandchildren – What does the law say?
Divorce and Property
- How to Change your Matrimonial Property Regime
- Do your own Unopposed Divorce. No lawyers needed and its Free.
- Parental Rights of Divorced Muslim parents after a Talaq or Faskh
- Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:
So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Oranjezicht
Are you residing in Oranjezichtb and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Oranjezicht area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:- Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
- You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
- 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.
- We urge potential clients to read their email well as well as the terms and conditions within the email.
- Only once payment has been made, will the face to face legal consultation be confirmed.
- 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.
Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.Free legal products if you live in Oranjezicht
Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:- Free Basic Will Tool Kit
- Free Shariah Will Template
- Free Divorce Starter Tool Kit
- Free Child Maintenance Calculator
- Free DIY Urgent Child Contact Toolkit
- Urgent Holiday Contact Toolkit
You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!
Looking for Family Legal Services in Oranjezicht- 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 Continue Reading
Why You Must Choose Advocate Muhammad Abduroaf for your legal matter
In the landscape of legal challenges, having the right advocate is not just a preference; it’s a necessity. Advocate Muhammad Abduroaf stands out as an unrelenting champion for his clients, and if you’re seeking unparalleled legal representation in South Africa, he is the advocate you need to secure your future. Here’s an in-depth look at why you must choose Advocate Muhammad Abduroaf for your legal matters.1. Unmatched Legal Expertise
Advocate Muhammad Abduroaf boasts a comprehensive and nuanced understanding of the law, paired with years of experience in various legal fields. Whether you are dealing with criminal defence, family law, commercial disputes, or personal injury cases, his extensive knowledge empowers him to navigate even the most complex legal waters. Rest assured, with Advocate Abduroaf, your case is handled by a seasoned professional who understands the intricacies of legal proceedings and knows what it takes to achieve the best outcome.2. Relentless Advocacy
When it comes to fighting for justice, Advocate Abduroaf does not waver. His relentless dedication to his clients means he will go above and beyond to ensure that every aspect of your case is meticulously prepared. He understands that every legal battle is personal, and he invests his time, energy, and expertise into advocating for your rights. With him in your corner, you can be confident that you have a tireless advocate who will stand firm against any challenge.3. Direct Access as a Trust Account Advocate
Advocate Abduroaf’s status as a trust account advocate allows him to engage directly with clients, cutting out the intermediaries that often complicate legal processes. This direct relationship enhances communication and ensures that you receive immediate feedback and assistance. You won’t find yourself navigating bureaucratic hurdles; instead, you will experience a streamlined process with a legal expert who is genuinely invested in your case. This accessibility means that your concerns are addressed promptly, making your legal journey smoother and more efficient.4. Proven Success and Results
The true measure of an advocate’s worth lies in their results, and Advocate Muhammad Abduroaf has a proven track record of success. His consistent ability to secure favorable outcomes for his clients has solidified his reputation as a leading advocate in South Africa. Numerous satisfied clients can vouch for his effectiveness, and many have seen their lives transformed thanks to his legal prowess. When you choose Advocate Abduroaf, you choose a professional with a history of achievements that speaks volumes about his capabilities.5. Tailored Legal Strategies
Advocate Abduroaf believes that every client’s case deserves a customized approach. He recognizes that no two situations are identical and takes the time to understand the specific details and nuances of your case. This commitment to tailoring legal strategies ensures that your case is handled with the attention it deserves. Whether through negotiation or litigation, he crafts a path forward that is unique to you, maximizing your chances of success.6. Exceptional Communication Skills
Effective communication is key to a successful legal representation, and Advocate Abduroaf excels in this critical area. He prioritizes keeping clients informed and engaged throughout the entire legal process. You can expect clear, concise explanations of legal concepts, an overview of your options, and regular updates on your case progression. This level of transparency fosters trust and empowers you to make informed decisions about your legal matters.7. Integrity and Professionalism
Advocate Abduroaf stands firm in his commitment to ethical practice and professionalism. His unwavering integrity has earned him the respect of clients and colleagues alike. You can trust that he will navigate your case with honesty, respect, and the highest ethical standards. With Advocate Abduroaf, you are not just getting a legal representative; you are gaining a trusted ally who prioritizes your best interests and upholds the dignity of the legal profession.8. Commitment to Client Satisfaction
At the core of Advocate Abduroaf’s practice is an unwavering commitment to client satisfaction. He understands that the legal process can be stressful and overwhelming, and he strives to create a supportive environment for his clients. His approachable demeanor ensures that you feel comfortable discussing your concerns and questions, fostering a collaborative relationship built on trust and understanding.Conclusion
In a world where legal stakes can be incredibly high, choosing the right advocate is paramount. Advocate Muhammad Abduroaf distinguishes himself as the best choice for anyone seeking comprehensive legal support. His unmatched expertise, relentless advocacy, proven success, and personalized service make him the advocate you need in your corner. When you choose Advocate Abduroaf, you are not just hiring a lawyer; you are acquiring a passionate defender of your rights and interests. If you want an advocate who will fight vigorously for your rights and ensure your legal matters are handled with the utmost professionalism, don’t hesitate to reach out to Advocate Muhammad Abduroaf. Contact him today and take the first step towards empowering yourself with exceptional legal representation. Remember, your future is too important to leave to chance; choose the advocate who will stand by you every step of the way.
Why You Must Choose Advocate Muhammad Abduroaf for your legal matter In the landscape of legal challenges, having the right advocate is not just a preference; it’s a necessity. Advocate Muhammad Abduroaf stands out as an unrelenting champion for his clients, and if you’re seeking unparalleled legal representation in South Continue Reading
Relocation consent Court Order for minor child to Spain – Advocate Muhammad Abduroaf[/caption]
Relocation consent Court Order for minor child to Spain – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10837" align="alignnone" width="667"]