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
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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
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
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Durban Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Durban 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 Durban. 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 Durban or any other city in South Africa.
What to do before visiting the Durban Children’s Court
Before you approach the Children’s Court in Durban, 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. Durban 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 Durban 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 Durban Children’s Court
The Durban Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Durban 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 Durban 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 Durban.
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 Durban Children’s Court
Once you complete the Form A and submit it to the Clerk of the Durban 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 Durban 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 Durban Children’s Court
Once the Durban 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 Durban 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, Durban, 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 Durban Children’s Court Family law legal matters can be very stressful. This is so whether you live in Durban 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 Carletonville Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Carletonville 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 Carletonville. 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 Carletonville or any other city in South Africa.
What to do before visiting the Carletonville Children’s Court
Before you approach the Children’s Court in Carletonville, 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. Carletonville 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 Carletonville 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 Carletonville Children’s Court
The Carletonville Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Carletonville 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 Carletonville 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 Carletonville.
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 Carletonville Children’s Court
Once you complete the Form A and submit it to the Clerk of the Carletonville 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 Carletonville 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 Carletonville Children’s Court
Once the Carletonville 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 Carletonville 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, Carletonville, 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 Carletonville Children’s Court Family law legal matters can be very stressful. This is so whether you live in Carletonville or any other city in South Africa. Especially so if you 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.
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
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:
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
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 AbduroafFirst, 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"]
Example of a Divorce Summons[/caption] https://www.ourlawyer.co.za/wp-content/uploads/Divorce-Summons-Divorce-Lawyer-Process-217×300.jpgDivorce 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"]
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"]
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 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[/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"]
Request for Discover Notice[/caption] [caption id="attachment_6726" align="alignleft" width="800"]
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"]
Example of a Discovery Affidavit[/caption] [caption id="attachment_6725" align="alignleft" width="800"]
Discovery Affidavit[/caption] [caption id="attachment_6724" align="alignleft" width="800"]
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]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
The Thrilling Legal Landscape of Cape Town: Spotlight on Advocate Muhammad Abduroaf
Cape Town, a vibrant city known for its breathtaking landscapes and rich history, is also home to the prestigious Western Cape High Court—the highest court in the region. This esteemed institution is the stage for some of South Africa’s most intriguing and significant legal battles, attracting cases that can shape the very fabric of law and society. Whether it’s a groundbreaking trial or a gripping appeal, the atmosphere is electric, with many legal offices bustling with activity, particularly those belonging to skilled practitioners like Advocate Muhammad Abduroaf. Nestled just a stone’s throw away from the Western Cape High Court, Advocate Muhammad Abduroaf’s chambers are not just places of work; they are crucibles of justice where riveting legal strategies are crafted. With an impressive academic background that boasts both an LL.B (Bachelor of Laws) and an LL.M (Master of Laws), Advocate Abduroaf has spent over 20 years championing the rights of his clients. His journey began with a landmark case that sent shockwaves through the legal community: he successfully argued for the right to claim maintenance from paternal grandparents of children born out of wedlock—a right that had been denied for over 80 years! This remarkable victory, encapsulated in the case of Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others (2004), opened new doors for countless families seeking justice. But the saga doesn’t end there. Soon after the latter success, Advocate Abduroaf played a pivotal role in a monumental constitutional case that further shaped the legal landscape—one that confirmed the formidable powers of the Maintenance Court, including the ability to interdict pension funds. The case, Soller v Maintenance Magistrate, Wynberg and Others (2006), is a testament to his unwavering commitment to advancing the rights of the underrepresented. In the exhilarating world of law, where every decision can change lives, Advocate Muhammad Abduroaf stands as a beacon of hope and tenacity, navigating the complexities of the legal system and fighting for justice in the heart of Cape Town. The stories behind the cases are the lifeblood of this dynamic city, making every courtroom drama an adventure in itself!
The Thrilling Legal Landscape of Cape Town: Spotlight on Advocate Muhammad Abduroaf Cape Town, a vibrant city known for its breathtaking landscapes and rich history, is also home to the prestigious Western Cape High Court—the highest court in the region. This esteemed institution is the stage for some of South Continue Reading
Our Lawyer – Family Legal Services – Cape Town 0 South Africa
Not all legal matters have to be complicated and daunting. Contact us today to assist you with your legal matters. We provide legal advice at your convenience. [caption id="attachment_8317" align="alignleft" width="640"]
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Our Lawyer – Family Legal Services – Cape Town 0 South Africa Not all legal matters have to be complicated and daunting. Contact us today to assist you with your legal matters. We provide legal advice at your convenience.
Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation
Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates the equitable division of joint assets, which can range from pension funds, bank accounts to real estate and personal possessions. This aspect alone can become quite intricate, requiring careful consideration of each party’s contributions and entitlements.Issues involved in a divorce
Moreover, if minor children are part of the equation, the divorce order must comprehensively address several important issues. These issues include guardianship, and decision-making authority, as well as custody arrangements that outline where the children will reside. Additionally, visitation rights need to be established to define how and when the non-custodial parent can spend time with the children. Finally, child maintenance must be determined to ensure that both parents contribute fairly to the children’s upbringing, covering expenses such as schooling, healthcare, and daily living costs. In some cases, spousal maintenance or alimony may also be applicable, depending on the financial circumstances of both parties.Getting divorced is not straightforward
Given these various considerations, getting divorced is not a straightforward task and requires diligent planning and foresight. Rushing into a divorce without thorough examination of the implications can lead to regrettable outcomes, such as forfeiting valuable assets or failing to secure adequate financial support for oneself or one’s children. It is particularly concerning if a party agrees to unfavorable terms regarding contact rights with their children or maintenance for their shared expenses, all in the pursuit of a quick resolution.Best Way to Get Divorced Quickly
If you and your spouse are seeking to finalize your divorce as quickly as possible, one of the most effective strategies is to approach a divorce attorney or advocate together. It is essential that both parties participate in the initial meeting with the lawyer to ensure transparency and open communication. Meeting separately or having one spouse relayed information later can lead to misunderstandings and may hinder the process.Schedule a Joint Consultation
During this joint consultation, both parties have the opportunity to ask questions and present all relevant information regarding the financial aspects of the marriage, including assets, debts, and income, as well as details concerning any minor children. This collaborative approach allows the attorney or advocate to ask pointed questions, gather necessary information from both spouses simultaneously, and clarify any potential issues right away.Drafting the neccessary Court documents
Once the attorney or advocate has collected all pertinent information and clearly explained the divorce process and its implications, they can swiftly proceed to draft the necessary court documents. This includes preparing the divorce summons and any other required forms to initiate the legal proceedings. The attorney or advocate will then file these documents with the court and arrange for them to be served to the other spouse. Following this, they will apply for a court date to finalize the divorce.It is best to be proactive
By taking this proactive and collaborative approach, couples can significantly streamline the divorce process, reducing stress and ensuring that all legal requirements are met efficiently and professionally. If you wish to consult with us on your divorce, please complete the form below.
Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates Continue Reading