Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Sibasa.
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 Sibasa
Whether you claim child maintenance in Sibasa, 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 Sibasa.
The maintenance scenario – Sibasa 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 Sibasa
The child is cared for by the mother who works in Sibasa
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 Sibasa
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 Sibasa, it would be the maintenance court in Sibasa. 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 Sibasa, 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 Sibasa Maintenance Court?
Once you have been notified of the maintenance court date by the Sibasa 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 Sibasa?
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 Sibasa 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 Sibasa 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, Sibasa, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Sibasa. 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 Newcastle Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Newcastle 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 Newcastle. 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 Newcastle or any other city in South Africa.
What to do before visiting the Newcastle Children’s Court
Before you approach the Children’s Court in Newcastle, 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. Newcastle 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 Newcastle 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 Newcastle Children’s Court
The Newcastle Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Newcastle 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 Newcastle 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 Newcastle.
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 Newcastle Children’s Court
Once you complete the Form A and submit it to the Clerk of the Newcastle 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 Newcastle 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 Newcastle Children’s Court
Once the Newcastle 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 Newcastle 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, Newcastle, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Newcastle Children’s Court Family law legal matters can be very stressful. This is so whether you live in Newcastle or any other city in South Africa. Especially so if you Continue Reading

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Thabazimbi Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Thabazimbi 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 Thabazimbi. 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 Thabazimbi or any other city in South Africa.
What to do before visiting the Thabazimbi Children’s Court
Before you approach the Children’s Court in Thabazimbi, 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. Thabazimbi 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 Thabazimbi 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 Thabazimbi Children’s Court
The Thabazimbi Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Thabazimbi 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 Thabazimbi 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 Thabazimbi.
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 Thabazimbi Children’s Court
Once you complete the Form A and submit it to the Clerk of the Thabazimbi 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 Thabazimbi 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 Thabazimbi Children’s Court
Once the Thabazimbi 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 Thabazimbi 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, Thabazimbi, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Thabazimbi Children’s Court Family law legal matters can be very stressful. This is so whether you live in Thabazimbi or any other city in South Africa. Especially so if you Continue Reading

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Randburg Children’s Court

Family law legal matters can be very stressful. This is so whether you live in Randburg 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 Randburg. 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 Randburg or any other city in South Africa.
What to do before visiting the Randburg Children’s Court
Before you approach the Children’s Court in Randburg, 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. Randburg 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 Randburg 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 Randburg Children’s Court
The Randburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Randburg 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 Randburg 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 Randburg.
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 Randburg Children’s Court
Once you complete the Form A and submit it to the Clerk of the Randburg 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 Randburg 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 Randburg Children’s Court
Once the Randburg 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 Randburg 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, Randburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on 11 February 2025 by Telelaw

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Randburg Children’s Court Family law legal matters can be very stressful. This is so whether you live in Randburg or any other city in South Africa. Especially so if you Continue Reading

[caption id="attachment_11933" align="alignnone" width="820"] Top Attorney Cape Town Relocation of minor child – Nicole Lawrence[/caption]

Nicole Lawrence, an attorney in Cape Town, tells about her success in a case involving the relocation of a minor child to the Seychelles. Here it goes. In the realm of family law, few issues are as emotionally charged and legally complex as the relocation of a minor child. It’s a situation where the delicate balance between parental rights and the best interests of the child must be meticulously weighed. Recently, in a High Court case,her legal team, which included Advocate Muhammad Abduroaf, achieved a resounding victory in securing the relocation of a minor child.
The Case Background
Her client, a devoted mother, sought to relocate with her minor child to another state for compelling reasons including career advancement opportunities and a support network crucial for her and the child’s well-being. However, the child’s father contested the relocation, citing concerns about his access to the child and the potential disruption to their existing arrangement.
The Legal Battle
Navigating through the intricate web of family law statutes and precedent cases, our legal team meticulously crafted a compelling argument centered on the paramount consideration: the best interests of the child. We presented substantial evidence showcasing how the relocation would offer enhanced opportunities for the child’s education, healthcare, and overall quality of life. Additionally, we emphasized the importance of maintaining a meaningful relationship between the child and the non-relocating parent through feasible visitation arrangements and technological means of communication. Crucially, we strategically addressed the concerns raised by the opposing party, assuaging fears about diminished parental involvement and emphasizing the importance of fostering a cooperative co-parenting relationship despite the geographical distance.
The Legal Triumph
In a courtroom filled with tension and anticipation, our legal arguments resonated strongly with the presiding judge. Recognizing the compelling rationale behind the relocation proposal and the unwavering commitment of our client to prioritize her child’s best interests, the judge ruled in favor of the relocation, with provisions carefully tailored to address the concerns of both parties. This decision not only affirmed the rights of our client as a custodial parent but also underscored the judiciary’s unwavering dedication to prioritizing the welfare of the child above all else. Moreover, it set a powerful case for future cases involving relocation disputes, highlighting the importance of a nuanced, child-centric approach in resolving such complex matters.
The Implications
Beyond the immediate impact on our client’s life, this successful court case serves as a beacon of hope for countless parents navigating similar challenges. It reinforces the principle that relocation should not be viewed solely through the lens of parental convenience or preference but rather through the prism of what serves the child’s best interests in the long term.
In Conclusion
As legal practitioners, we are immensely gratified by the outcome of this case, knowing that our efforts have not only secured justice for our client.
Contact Nicole Lawrence
Nicole Lawrence can be contacted as follows: Number: 071 456 9105 Website: https://nicolelaw.co.za Email: [email protected]

Posted on 11 February 2025 by Telelaw

Nicole Lawrence, an attorney in Cape Town, tells about her success in a case involving the relocation of a minor child to the Seychelles. Here it goes. In the realm of family law, few issues are as emotionally charged and legally complex as the relocation of a minor child. Continue Reading

Access Questions and Answers

We introduced this Child Custody / Visitation / Access Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know if you are entitled to custody, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Custody / Visitation / Access, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Custody / Visitation / Access.

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

Other family law resources on this website

There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Child Custody / Visitation / Access. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are: 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 Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Child Custody / Visitation / Access. If not, feel free to arrange a consultation with us.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw

Child Custody / Visitation / Access Questions and Answers We introduced this Child Custody / Visitation / Access Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know if you are entitled to custody, pose a question with Continue Reading

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.
Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.
Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.
Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.
Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.
Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.
Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
Tel.: 021 111 0090
Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on 11 February 2025 by Telelaw

Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal Continue Reading

Frequently Asked Questions on Divorce – Cape Town South Africa
How long does it take to get an uncontested divorce in South Africa?
If the parties are in agreement to the divorce, and sign a consent paper or settlement agreement, it can take about 4 weeks. However, if they cannot come to an agreement on all aspects, for example, child maintenance and custody, then it can take about a year. This is if all goes well an no party tries to delay the process.
How long does it take to get an amicable divorce?
It all depend on the parties. If it is indeed amicable, then approximately four weeks. It is best to have a lawyer assist in the process. However, you can do it DIY.
How much does it cost to get a divorce?
The Courts do not charge for a divorce. However, if you decide to do a divorce on your own, then it would be free. The only costs would be that which you pay the Sheriff to serve the summons on the other party.
How long will it take for a divorce to be final?
It depends on when the hearing date of the divorce is. It can take a few weeks, or a year or so.
How long does it take to get a divorce decree in the mail?
Divorce decrees are not posted to you by the Court. You would have to collect it from the Court.
How much does it cost to get an uncontested divorce in South Africa?
If you make use of an attorney, the costs could be around R 5000 – 00 to R 20 000 – 00 depending on how much work could be involved. However, there are places that charge a lessor fee. Look around.
Why does it take so long to get a divorce? Is there a waiting period for a divorce in Cape Town?
You can get divorced in the Family Court or the High Court. Depending on whether you and your spouse agrees on the terms of the divorce, it can take quick. However, if it must proceed to Trial, it can take about a few months to get a date.
How long do you have to wait to get married after a divorce in South Africa?
You can get married immediately.
How long does it take to get a divorce in Cape Town if both parties agree?
It can take about four weeks.
How long does it take to get a divorce in Cape Town if you are legally separated?
It can take about four weeks.
Do you have to be separated before you can get a divorce in Cape Town?
No, you do not have to be separated. The marriage should have irretrievably broken down.
How long does it take to get a divorce if both parties agree?
About 4 weeks.
How much does it cost to get a divorce in Cape Town?
Depending on your lawyer, about R 5 000 – 00 to R 20 000 – 00 .
What is a notice of entry of judgment in a divorce?
This does not Apply to South Africa.
How long do you have to wait to get married after a divorce?
You may get married to next day.

Posted on 11 February 2025 by Telelaw

Frequently Asked Questions on Divorce – Cape Town South Africa How long does it take to get an uncontested divorce in South Africa? If the parties are in agreement to the divorce, and sign a consent paper or settlement agreement, it can take about 4 weeks. However, if they cannot Continue Reading

I am a victim of Domestic Violence. How to Apply for a Domestic Violence Protection Order – Advocate Muhammad Abduroaf
In this video, Advocate Muhammad Abduroaf discusses the issue of Domestic Violence and how to apply for a Protection Order. [embed]https://youtu.be/aQS0iZs8VWE[/embed] Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live questions on https://www.facebook.com/AdvMuhammadAbduroaf/live/ Please like the page https://www.facebook.com/AdvMuhammadAbduroaf/ for future live videos and interaction. LIVE Q&A ON FAMILY LAW WITH ADVOCATE MUHAMMAD ABDUROAF Our Lawyer (Pty) Ltd [email protected] 0211110090 Consult with us today. Visit www.ourlawyer.co.za/advice . Child Custody, Child maintenance, Domestic violence, Guardianship rights, Spousal maintenance, Divorces, Unopposed divorces, Opposed divorces, Family Law, Mediation, Family disputes, Relocation of minor children, Minor children passport application consent, Non-compliance with maintenance orders, Reduction of Maintenance Order, Increase of Maintenance Orders, Parenting Plans, Parental Plan, Custody Agreements, Custody Orders, Contempt of Court, Litigation, Antenuptial Contract, Prenuptial Contracts, Wills, Estates, Abuse, Economic Abuse, Gender-based Violence. Attorney legal services, Advocate legal services, Lawyer legal services. Online and telephonic legal advice, Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 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, Cape Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester Contact us today. #advocate #familylaw #lawyer #attorney #legal #court #child #custody #divorce #relocation #guardianship

Posted on 11 February 2025 by Telelaw

I am a victim of Domestic Violence. How to Apply for a Domestic Violence Protection Order – Advocate Muhammad Abduroaf In this video, Advocate Muhammad Abduroaf discusses the issue of Domestic Violence and how to apply for a Protection Order. Family Law with Adv. Muhammad Abduroaf Visit: https://abduroaf.co.za Post your live Continue Reading

Divorce – Questions and Answers on the Process and Procedure
Divorces signify the end of marriages. However, it can also be seen as a beginning of a new life. Once a couple has tried everything to save their marriage, to no avail, a divorce is an inevitable consequence. With divorces, comes the law. Only a court can legally divorce you. And because of this, people have many questions on the divorce procedure and process. This post is intended to assist parties whose marriage had irretrievably broken down by answering frequently asked questions on divorces. Due to the nature of legal matters, it is best to make use of an attorney or get the advice of a legal professional when dealing with a divorce. However, we intend giving you a general overview of the divorce process below with the assistance of Adv. Muhammad Abduroaf.

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.

Divorce – Things to Consider

There are a few things to consider when proceeding with a divorce. Depending on the issues involved, it would determine how quick or how complicated your divorce could be. They are as follows:

Minor Children in divorces

As a consequence of marriage, are children. If your children are 18 years or older at the time of the divorce, they would not be a factor, as they are adults. However, if they are younger than 18 years old, their interests are affected in the divorce process. The Court won’t divorce you unless it is satisfied that their best interests are taken care of. When a divorce settlement is reached, the settlement should be taken to the Office of the Family Advocate. The Family Advocate would then study the document, and, if they are satisfied with it, enforce it. If they are not happy with it or have any issues, they will usually provide it in a cover letter. Factors to consider are the following:

Child Maintenance
Primary Residence
Parental Responsibilities and Rights of Care and Contact
Guardianship
Facilitation or Dispute Resolution

The Court is however not bound by the views of the Family Advocate. The Court would consider it, however, if the Court feels that the settlement agreement or recommendations of the Family Advocate is not in the child’s best interests, it would then make the appropriate order. In our view, if the parents came to an agreement, and they believe it is workable, it would most of the time be in the children’s best interests for the agreement to be made an Order of Court.

Purchase our Unopposed Divorce Package, click here.

Matrimonial Property Regime

The Matrimonial Property Regime the Parties are married in is an important aspect to consider when getting divorced. This we unpack next.

In Community of Property

The default Matrimonial Property Regime is that of “In Community of Property”. What this basically means is that there is one joint estate. In other words, there are no longer two separate estates. By way of example, if the husband takes out a loan, the wife is also responsible to repay it. This is so as the Joint Estate incurred the debt. The husband could not have incurred the debt solely as he does not have a separate estate.

Out of Community of Property

It has become the trend for people to get married “Out of Community of Property”. What this means is that there are two separate estates. It is as if you are not married. The wife can enter into loans and agreements without the consent of her husband, and his estate would not be affected by that. There are however two variables to being married Out of Community of Property. That is married Out of Community of Property with the inclusion of the accrual regime, and the other without.

Accrual Regime Included in Your Marriage

If the accrual regime is not specifically excluded in the Ante-nuptial Contract, then it is by default included. What this means, is that during the marriage, there are two separate estates. You can do what you please without the consent or consideration of the other party’s estate. However, at divorce, or death of one of the parties, you must share in half the difference of the accruals of each estate. So, for example, if the accrual regime applies, and at divorce, the husband’s estate is worth R 10 000 – 00 and the wife’s estate is worth R 5 000 – 00; then he should pay her R 2500 – 00 in cash. The same would apply at death. Both parties would, therefore, leave the marriage with the sum of R 7 500 – 00. This regime would be beneficial where the wife or husband stays at home, looking after the household and children. The other spouse would be working on building an empire.

Accrual Regime Expressly Excluded in your marriage

Let’s say the parties got married Out of Community of Property. However, in their Ante-nuptial contract, they specifically excluded the accrual regime. In that case, there would be two separate estates during the marriage. And at divorce or death, there would still be two separate estates and neither spouse would have to pay the other spouse any amount. If both spouses are working during the marriage, building their own empires, then this regime would be a better option.

Pension Funds in Divorces

Pension funds would apply to marriages in Community of Property, and where the accrual regime applies, to marriages out of Community of Property. When the parties divorce, in the case of a marriage in Community of Property, a spouse has a claim to half the Pension Fund of the other spouse. If they are married Out of Community of Property with the accrual regime, then the value of the pension fund is taken into consideration when determining the accrual. Therefore, if both the pension funds are the same in value, and both parties have the same amount of assets; there would be no accrual. This would be so if all else is equal. Next, we move to the divorce process and procedure, written by Adv. Muhammad Abduroaf. Pictures are provided for some assistance.

The Divorce Process

Some advice from Adv. Muhammad Abduroaf

First, some Legal Advice

If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances:

There will be a dispute over care and visitation rights over the child/children;
One of the parties shall be applying for forfeiture of patrimonial benefits from a marriage in community of property;
The joint estate is huge or complicated; or
The other party shall be making use of legal representation.

General Divorce Process and Procedure

If, however, you would like to know the general procedures on how to go about in obtaining a divorce decree; they are listed summarily below. There are many rules that regulate divorce processes and the summary below does exclude some of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements, pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to do the divorce yourself.

Purchase our Unopposed Divorce Package, click here.

Summons and Particulars of Claim

A summons needs to be drafted which should be issued by the divorce court to commence the divorce process. It should have on it the details of the court you will be issuing the divorce from, details of the parties, e.g. names, occupation and address etc. Every High Court in the area where you live has the authority to attend to a divorce. You should then draft a particulars of claim outlining relevant matters concerning the marriage, children, reasons for wanting a divorce and what do you want the court to grant you in a divorce order. These particulars of claim you attach to the summons. [caption id="attachment_6734" align="alignleft" width="800"] Divorce Process Summons - Divorce Lawyer

Example of a Divorce Summons[/caption] https://www.ourlawyer.co.za/wp-content/uploads/Divorce-Summons-Divorce-Lawyer-Process-217×300.jpg

Divorce Particulars of Claim

Once you have your summons and particulars of claim in order, you have to have the summons issued. To do this, make three (3) copies of your set of documents (Summons and Particulars of Claim) and have it issued at court. [caption id="attachment_6731" align="alignleft" width="800"] Divorce Process - Divorce Atorney

Example of A Particulars of Claim in a Divorce Action[/caption]

Issuing and Service of Divorce Summons and Particulars of Claim

Once you are at the court, go to the clerk/registrar of the court and have your documents issued. The clerk/registrar will sign the summons and provide a case number by writing it on the summons. You should then take the original and a copy (both must be signed and stamped by the clerk/registrar of the court) and take it to the sheriff which serves documents where your spouse work, of lives. You can ask the clerk/registrar of the court for that details. The extra—copy of the summons and particulars of claim you keep for your file and records.

Notice of intention to defend

Once the sheriff served the documents, your spouse has two weeks to inform you of whether he or she shall be defending the divorce. This information is outlined in the summons. If your spouse decided not to defend the divorce action, then after a period of two weeks has elapsed, you may set the matter down as an undefended divorce. If your spouse intends to defend the divorce, he or she would then have to file the notice of intention to defend. In this notice, you would advise the Court and the Plaintiff that you are defending the divorce, and also, provide a service address. The Service Address is the address at which the Plaintiff would send notices in the court case to you. Below, kindly find an example of a Notice of Intention to Defend. [caption id="attachment_6743" align="alignleft" width="800"] Divorce Lawyer Cape Town

Notice of Intention to Defend[/caption]

Divorce Plea to particulars of claim

Once you received notice of your spouse’s intention to defend the divorce, about a month later, your spouse or his or attorney should serve and file a plea. The plea should outline which parts of your particulars of claim your spouse agrees (or disagree) with which would give a direction of what to prove at court.

Purchase our Unopposed Divorce Package, click here. [caption id="attachment_6740" align="alignleft" width="800"] Plea - Divorce Process - Lawyer

Plea in a Divorce Action[/caption]

[caption id="attachment_6739" align="alignleft" width="903"]

Plea in a Divorce Action[/caption]

Divorce Counterclaim or Claim in Reconvention

Your spouse might want to file a counterclaim or claim in reconvention. In the same way which you outlined your case as to what you want from the court and the reasons therefore in your particulars of claim; your spouse can file on you a counterclaim. A counterclaim might still be filed if your spouse agrees to a divorce, but maybe wants primary care of the children, but in your particulars of claim, you asked for primary care. You should then within 10 (ten) days plead to the counterclaim in the same manner which your spouse pleaded to your particulars of claim [caption id="attachment_6738" align="alignleft" width="789"] Divorce Counter Claim - Divorce Process

Divorce Counter Claim[/caption]

Discovery

When you present evidence at Court, you want to be fully prepared. Therefore, all documents your spouse will be making use of at Court should be presented to you beforehand. And you should do the same. This is where discovery comes into play. You may ask or may be asked to provide under oath a schedule of books and documents in your possession and under your control relating to the divorce. This could be policy documents, deeds etc, and which you or your spouse might want to make use of at trial. Once you received the schedules you may inspect and request copies of the documents. [caption id="attachment_6727" align="alignleft" width="800"] Divorce Lawyer - Process

Request for Discover Notice[/caption]

[caption id="attachment_6726" align="alignleft" width="800"] Divorce Lawyer - Process

Discovery Notice[/caption]

Discovery Affidavit

After receiving a notice requesting a spouse to discover, an affidavit should be provided. The wording of the Affidavit can be seen in the pictures below. [caption id="attachment_6723" align="alignleft" width="800"] Divorce Law - Process

Example of a Discovery Affidavit[/caption]

[caption id="attachment_6725" align="alignleft" width="800"] Divorce Process - Lawyer

Discovery Affidavit[/caption]

[caption id="attachment_6724" align="alignleft" width="800"] Divorce Lawyer

Discovery Affidavit[/caption]

Obtaining a Trial date for the Divorce

Once you received the plea, with or without a counterclaim, or have pleaded to your spouse’s counterclaim, and discovery is done, one should then approach the clerk/registrar of the court for a trial date. This you or your spouse may do. This process is a bit complicated, so it’s best to do it with the guidance of a lawyer or the clerk/registrar of the court.

Purchase our Unopposed Divorce Package, click here.

Pr-Trial Procedure

Before a date gets allocated to you for the divorce, the Court would want to ensure that your matter is trial ready. What this basically means, is that all that needs to be done, has been attended to and the trial will run. Many months are spent waiting for a court date, and it would be unfair to the court if a judge and other litigants are appointed to a matter, and the matter does not proceed. A judge will meet with the parties in chambers, and once the matter is trial ready, he or she will endorse the file in that regard.

Divorce day / Trial / Unopposed hearing date

If your spouse does not defend the divorce within the time period, go back to court and ask for an unopposed divorce date and attend to your divorce on that date. If, however, your divorce is defended, a trial should ensure. During the trial, each party should prove his or her case. Witnesses should be called and at the end, the Magistrate or Judge shall deliver the verdict. Best of luck, and please, don’t take my word, contact a legal practitioner should you decide to get divorced. Advocate Muhammad Abduroaf

[caption id="attachment_6758" align="alignleft" width="300"]

Divorce Lawyer and Process[/caption]

Posted on 11 February 2025 by Telelaw

Divorce – Questions and Answers on the Process and Procedure Divorces signify the end of marriages. However, it can also be seen as a beginning of a new life. Once a couple has tried everything to save their marriage, to no avail, a divorce is an inevitable consequence. With divorces, Continue Reading