Do I need a lawyer for child custody matters at the Children’s Court?
When it comes to children, the law upholds the principle of the best interests of the child. In other words, the focus is not on what is best for the parents but rather on what is beneficial for the child. To achieve this, one must consider all the facts of the particular case. This principle applies whether or not you have a lawyer representing you or if you are representing yourself. The question arises: is it necessary to have a lawyer (Advocate or Attorney) in a Children’s Court matter, given that the court has a duty to focus on the child’s best interests? The short answer is that having a lawyer is not essential, nor is it obligatory. You may represent yourself in the Children’s Court. However, we cannot overlook the advantages of having your own lawyer present, as they are knowledgeable about the law and are not personally implicated in the case. Being involved in a court case can be highly emotional and may lead you to concentrate on your feelings rather than the pertinent issues that genuinely matter to the child’s best interests. Another challenge in the Children’s Court is that the other parent of the child will be present. Arguments may arise that primarily concern the past rather than the current issues. This might render the prospect of attending the Children’s Court somewhat daunting. However, if you are well prepared, it should not be a significant worry.
Prepare yourself for the Children’s Court
If you attend the Children’s Court alone, ensure that you are adequately prepared. Bring all relevant information and documents with you, and also ready yourself for any questions you may receive from the court. Familiarise yourself with the law and the issues at hand, and strive to be the best possible advocate for yourself. By doing so, the outcomes could well exceed your expectations.

Posted on 11 February 2025 by Telelaw

Do I need a lawyer for child custody matters at the Children’s Court? When it comes to children, the law upholds the principle of the best interests of the child. In other words, the focus is not on what is best for the parents but rather on what is beneficial Continue Reading

Do you have a legal question?
Below are frequently asked legal questions. Feel free to post your question below.
What is considered giving legal advice? Are any lawyers free? What is the legal assistance? Can I get legal aid for custody of my child? Who can give you legal advice? Is there a difference between opinion and advice? What do I do if I can t afford a lawyer? Do all lawyers have to do pro bono work? Do military lawyers get deployed? How does legal aid get funded? Can you file for full custody without a lawyer? How much does it cost to get a lawyer for child custody? What is a legal representation? What is the definition of a legal services? What is the difference between advice and recommendation? What is the difference between giving advice and offering suggestions? What does pro bono legal services mean? What is a pro bono case? How much does a JAG lawyer get paid? How do you become a lawyer in the military? What is a legal assistant job description? What is paralegal training? What is a retainer fee for a lawyer? How much does it cost to get a lawyer? What do you call a lawyer who works for a percentage of the winnings? Who profits on Latin? Can I represent myself in a criminal case? What do you do if you need a lawyer and can t afford one? How a mother can win child custody? How long does it take to get a decision on legal aid? What is considered giving legal advice? What is the legal assistance? How do you prove a mother unfit? Do moms usually get custody? Can you get legal aid for divorce in England? Can I get legal aid for custody of my child? Do military lawyers get deployed? How does legal aid get funded? What is the father’s rights to his child? What percentage of fathers have custody? What is a legal assistant and what do they do? How do you become a legal aid? Is it kidnapping if there is no custody order? Can a mother move a child away from the father? How does custody work with unmarried parents? Can you take a child out of the state without the father’s permission? Can a father take a baby away from its mother? Can the custodial parent move away with a child? Can you move out of state if you have joint custody? How does remarriage affect child custody? Can my child be taken out of the country without the father’s permission? What is the definition of custodial parent? How much does a legal assistant make a year? Can you be a legal assistant without a degree? Can a man get custody of his child? How a mother can win child custody? Can visitation be denied to a non custodial parent? Can you change your child’s last name without the father’s consent? How much does a JAG lawyer get paid? How do you become a lawyer in the military? Do moms usually get custody? How do you prove a parent unfit? What rights does a mother have to her child? What is an unfit parent?

Posted on 11 February 2025 by Telelaw

Do you have a legal question? Below are frequently asked legal questions. Feel free to post your question below. What is considered giving legal advice? Are any lawyers free? What is the legal assistance? Can I get legal aid for custody of my child? Who can give you legal advice? Continue Reading

Victory for Muslim Marriages in South Africa – Court gives the State 2 (two) years to enact legislation
[Re-post] On 31 August 2018, the Western Cape High Court handed down a ground-breaking judgment. In effect, it Orders the State to prepare, initiate, introduce, enact, and bring into operation, diligently, and without delay, legislation to recognise Muslim marriages. The High Court gave the State exactly two (2) years to attend to the latter process. This two (2) years would only be suspended if the matter is taken to the Constitutional Court. However, should the matter not be taken to the Constitutional Court for final determination, and the State does not enact the legislation, then by default, Muslim marriages may be dissolved in accordance with the Divorce Act 70 of 1979. Therefore, it is up to the State to action matters urgently. Download a Copy of the Judgment by clicking here.

How does this benefit Muslim Marriages?

To understand how the judgment benefits Muslim Marriages, one needs to understand the legal nature of Muslim Marriages in South Africa. Let us refer to the judgment for some insight: In the judgment, the following is stated: “The issues before us concern recognition and regulation of marriages solemnised and celebrated according to the tenets of Islamic (also referred to as ‘Muslim marriages’). It is undisputed that marriages entered into in terms of the tenets of Islam have not been afforded legal recognition for all purposes. The applicants argue that non-recognition and non-regulation of these marriages violates the rights of women and children in particular in these marriages. According to them. the State has failed in its duty of respect, protect promote and fulfil the Bill of’ Rights as required in section 7(2) of the Constitution, in the face of its constitutional and international obligations and that the most effective way of dealing with this systemic violation of rights, is an enactment of statute. This approach. according to the applicants has been postulated by the courts in a number of judgments dealing with issues concerning Muslim marriages before.”

What is the current state of Muslim Marriages?

Unfortunately, until the Muslim Marriages Act comes into operation, Muslim Marriages are not valid marriages in terms of South African Law. The consequences are however enforceable. For example, spousal support, succession, contracts etc. However, a Muslim spouse cannot get a divorce in terms of the Divorce Act, or make use of certain legislation as in the case of civil marriages. If a party is married in terms of civil law, he or she must approach a court of law for a valid divorce. That, unfortunately, does not apply to Muslim Marriages. Therefore, the Judgement is welcomed.

The Judgment Order

To get a better understanding of what the order of the court was, you can read it below. Feel free to leave your comments below. Order [252] In the result. the following orders are proposed: 1 . It is declared that the State is obliged by section 7(2) of the Constitution to respect, protect, promote and fulfil the rights in sections 9, 10, 15. 28, 31 and 34 of the Constitution by preparing, initiating. introducing, enacting and bringing into operation. diligently and without delay as required by section 237 of the Constitution, legislation to recognise marriages solemnised in accordance with the tenets of Sharia law (‘Muslim marriages’) as valid marriages and to regulate the consequences of such recognition. 2. It is declared that the President and the Cabinet have failed to fulfil their respective constitutional obligations as stipulated in paragraph 1 above and such conduct is invalid. 3. The President and Cabinet together with Parliament are directed to rectify the failure within 24 months of the date of this order as contemplated in paragraph 1 above. 4. In the event that the contemplated legislation is referred to the Constitutional Court by the President in terms of section 79(4)(b) of the Constitution, or is referred by members of the National Assembly in terms of section 80 of the Constitution, the relevant deadline will be suspended pending the final determination of the matter by the Constitutional Court: 5. In the event that legislation as contemplated in paragraph 1 above is not enacted within 24 months from the date of this order or such later date as contemplated in paragraph 4 above, and until such time as the coming into force thereafter of such contemplated legislation, the following order shall come into effect: 5.1 It is declared that a union validly concluded as a marriage in terms of Sharia law and which subsists at the time this order becomes operative, may (even after its dissolution in terms of Sharia Law) be dissolved in accordance with the Divorce Act 79 of 1979 and all the provisions of the Act shall be applicable, provided that the provisions of section 7(3) shall apply to such a union regardless of when it was concluded: and 5.2 In the case of a husband who is a spouse in more than one Muslim marriage, the court shall: (a) take into consideration all relevant factors including any contract or agreement and must male any equitable order that it deems just; and (b) may order that any person who in the court’s opinion has a sufficient interest in the matter be joined in the proceedings. 5.3 If administrative or practical problems arise in the implementation of this order, any interested person may approach this Court for a variation of this order. 5.4 The Department of Home Affairs and the Department of Justice shall publish a summary of the orders in paragraphs 5.1 to 5.2 above widely in newspapers and on radio stations, whatever is feasible, without unreasonable delay. 6. An order directing the Minister of Justice to put in place policies and procedures regulating the holding of enquiries by the master of the High Court into the validity of marriages solemnised in accordance with the tenets of Islamic law is refused. 7. An order declaring the pro forma marriage contract attached as annexure “A” to the Women’s Legal Centre Trust’s founding affidavit, to be contrary to public policy is refused. 8. In respect of matters under case numbers 22481/2014 and 4406/2013, the president, the Minister of Justice and the Minister of Home Affairs are to pay the costs of the Women’s Legal Centre Trust respectively, such costs to include costs of three counsel to the extent of their employment. 9. In respect of the matter under case number 13877/2015: 9.1 Ruwayda Esau’s claim to a part of the Mogamat Riethaw estate, if any. is postponed for hearing at trial along with Parts B and E, of the particulars of claim. 9.2 The Cabinet and the Minister of justice shall pay Ruwayda Esau’s costs in respect of Claim A, such costs to include costs of two counsel to the extent of their employment. Download a Copy of the Judgment by clicking here. Feel free to leave your comments below.

Posted on 11 February 2025 by Telelaw

Victory for Muslim Marriages in South Africa – Court gives the State 2 (two) years to enact legislation [Re-post] On 31 August 2018, the Western Cape High Court handed down a ground-breaking judgment. In effect, it Orders the State to prepare, initiate, introduce, enact, and bring into operation, diligently, and Continue Reading

Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights
Parents have a legal obligation to maintain their children. The same applies to spouses who have to maintain each other, and so on. This obligation should be exercised naturally. In other words, even if a parent did not know of the law enforcing child support, he or she should have a natural inclination to do so. Unfortunately, the true reality is that it is not the case. Countless parents are taken to the maintenance court every year due to not supporting, or inadequately supporting their children. And to be fair, there are parents who abuse the maintenance process who takes the parent to court who is already adequately contributing. Now, for the maintenance enforcement process to function, working mechanisms need to be in place. This is where the Maintenance Act 99 of 1998, and the Maintenance Amendment Act, 9 of 2015 come into play. Read on to learn more.

The Maintenance Act 99 of 1998

Since or about 1998, the Maintenance Act 99 of 1998 was the main piece of legislation that was used for parents to obtain maintenance for their children. Other legal tools would be making an application in terms of High Court Rule 43 for interim maintenance in a divorce matter, and the Divorce Court would make a final order. In the Magistrate’s Court, rule 58 would apply. Then there is the Domestic Violence Act, which allows for emergency monetary relief. Notwithstanding the Maintenance Act being a great and useful tool, as time changed, so too did it have to do the same.

Maintenance Amendment Act (Act No.9 of 2015)

On 5 January 2018, the entire Maintenance Amendment Act came into operation. In our view, it placed some sharp claws into the already existing Maintenance Act. Some changes to the Maintenance Act were cosmetic in a sense and other changes (or additions) toughened up the law. Sections 2, 11 and 13(b) of the Amendment Act, which is dealt with below, were not initially in operation due to it requiring Regulations to be created to make it work. It is however now in place. To make things easy, we unpacked the Maintenance Amendment Act (Act No.9 of 2015) and give our explanation as to how it better serves South Africans. Below we provide a summary of the amendments we find relevant to mention, as well as the actual amendments for your reference. You, therefore, do not need to read the entire article, unless you have to use it for court or other purposes. For your convenience, just click on the relevant summary below and it will jump to the relevant section of the Act further below.

Summary of Changes brought by the Maintenance Amendment Act (Act No.9 of 2015)

If there was a verbal or written maintenance agreement (which was not made an order of the court), the maintenance court can be approached to substitute or discharge it. [Section 6(c)]
You may lodge a complaint at the maintenance court within the area of jurisdiction of where you reside, carry on business or are employed. [Section 6(2)]
The maintenance court may issue a direction directing one or more electronic communications service providers to furnish the court with the contact information of the person a complaint has been made against to obtain his or her whereabouts. For example, Vodacom, MTN or Cell C can be approached to provide their client’s contact details. [Section 7(3)]
The maintenance court can make an interim maintenance order even if the other party does not agree to it. [Section 10(6)]
The maintenance court can provide your details to credit bureaus if you are in default and civil execution of a maintenance order took place. [Section 26(2A)]
Non-compliance with maintenance orders could have you imprisoned for up to 3 (three) years. [Section 31]

Below are the relevant sections of the Maintenance Amendment Act (Act No.9 of 2015)

[ps2id id=’6c’ target=”/]

Substitution of section 6 of Act 99 of 1998

The following section is hereby substituted for section 6 of the Maintenance Act, 1998 (hereafter referred to as the principal Act):

‘‘Complaints relating to maintenance

(1) Whenever a complaint to the effect—

(a) that any person legally liable to maintain any other person fails to maintain the latter person; [or] (b) that good cause exists for the substitution or discharge of a maintenance order; or (c) that good cause exists for the substitution or discharge of a verbal or written agreement in respect of maintenance obligations in which respect there is no existing maintenance order, has been made and is lodged with a maintenance officer in the prescribed manner, the maintenance officer shall investigate that complaint in the prescribed manner and as provided in this Act. [ps2id id=’62’ target=”/] (2) After investigating the complaint, the maintenance officer may institute an enquiry in the maintenance court within the area of jurisdiction in which the person to be maintained, or the person in whose care the person to be maintained is, resides, carries on business or is employed with a view to enquiring into the provision of maintenance for the person so to be maintained.’’. [ps2id id=’73’ target=”/]

Amendment of section 7 of Act 99 of 1998

Section 7 of the principal Act is hereby amended by the addition of the following

subsection: ‘‘(3) (a) If a complaint is lodged with a maintenance officer in terms of section 6 and the maintenance officer, after all reasonable efforts to locate the whereabouts of the person who may be affected by an order which may be made by a maintenance court pursuant to the complaint so lodged, have failed, the maintenance officer may apply to the maintenance court, in the prescribed manner, to issue a direction as contemplated in this subsection. (b) If a maintenance court is satisfied that all reasonable efforts to locate the whereabouts of a person have failed, as contemplated in paragraph (a), the court may issue a direction in the prescribed form, directing one or more electronic communications service providers to furnish the court, in the prescribed manner, with the contact information of the person in question if that person is in fact a customer of the service provider. (c) If the maintenance court issues a direction in terms of paragraph (b) the maintenance court shall direct that the direction be served on the electronic communications service provider in the prescribed manner. (d) The information referred to in paragraph (b) shall be provided to the maintenance court within the time period set out by the court in the direction. (e) An electronic communications service provider on which a direction is served may, in the prescribed manner, apply to the maintenance court for— (i) an extension of the period referred to in paragraph (d) on the grounds that the information cannot be provided timeously; or (ii) the cancellation of the direction on the grounds that— (aa) it does not provide an electronic communications service in respect of the person referred to in the direction; or (bb) the requested information is not available in the records of the electronic communications service provider. (f) After receipt of an application referred to in paragraph (e), the maintenance court shall consider the application, give a decision in respect thereof and inform the electronic communications service provider, in the prescribed manner, of the outcome of the application. (g) The list of electronic communications service providers referred to in section 4(7) of the Protection from Harassment Act, 2011 (Act No. 17 of 2011), may be used by maintenance courts for purposes of this subsection. (h) The tariffs payable to electronic communications service providers for providing information as determined by the Minister in terms of section 4(8) of the Protection from Harassment Act, 2011, apply in the case of information required in terms of this subsection. (i) If the maintenance officer is of the opinion that the person lodging the complaint referred to in paragraph (a) is unable to pay the costs involved in the furnishing of information referred to in paragraph (b), the maintenance officer may at any time after the maintenance court issues a direction under the said paragraph (b), request the maintenance court to hold an enquiry into— (i) the means of the complainant; and (ii) any other circumstances which, in the opinion of the maintenance court, should be taken into consideration. (j) At the conclusion of the enquiry referred to in paragraph (i) the maintenance court may make such order as the court may deem fit relating to the payment of the costs involved in the furnishing of information referred to in paragraph (b), including an order directing the State, subject to section 20, to pay such costs within available resources, in the prescribed manner. (k) The maintenance court may, if it has ordered the State to pay the costs referred to in paragraph (j), upon the application of the maintenance officer, order the person affected by the order to refund the costs so paid by the State in terms of paragraph (j), in the prescribed manner. (l) For purposes of this subsection, ‘‘electronic communications service provider’’ means an entity or a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), to provide an electronic communications service.’’.

Amendment of section 9 of Act 99 of 1998

Section 9 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

‘‘(1) (a) A maintenance officer who has instituted an enquiry in a maintenance court may cause any person, including any person legally liable to maintain any other person or any person in whose favour a maintenance order has already been made, to be subpoenaed— (i) to appear before the maintenance court and give evidence; or (ii) to produce any book, document or statement. (b) A book, document or statement referred to in paragraph (a)(ii) includes— (i) any book, document or statement relating to the financial position of any person who is affected by the legal liability of a person to maintain any other person or in whose favour a maintenance order has been made; and (ii) in the case where such person is in the service of an employer, a statement which gives full particulars of his or her earnings and which is signed by the employer.’’.

[ps2id id=’106′ target=”/]

Amendment of section 10 of Act 99 of 1998, as amended by section 16 of Act 55 of

2003

Section 10 of the principal Act is hereby amended by the addition of the following

subsection: ‘‘(6) (a) A maintenance court shall conclude maintenance enquiries as speedily as possible and shall ensure that postponements are limited in number and in duration. (b)A maintenance court may, where a maintenance order has not been made and a postponement of the enquiry is necessary and if the court is satisfied that— (i) there are sufficient grounds prior to such postponement indicating that one of the parties is legally liable to maintain a person or persons; and (ii) undue hardship may be suffered by the person or persons to be maintained as a result of the postponement, subject to paragraph (c), make an interim maintenance order which the maintenance court may make under section 16(1)(a). (c) When the maintenance court subsequently makes any order under section 16, the maintenance court may— (i) make an order confirming the interim maintenance order referred to in paragraph (b); or (ii) set aside such interim maintenance order or substitute it with any other order which the maintenance court may consider just in the circumstances.’’.

Amendment of section 16 of Act 99 of 1998, as amended by section 17 of Act 55 of

2003

Section 16 of the principal Act is hereby amended by the substitution for paragraph

(a) of subsection (2) of the following paragraph: ‘‘(2) (a) Any court— (i) that has at any time, whether before or after the commencement of this Act made a maintenance order under subsection (1)(a)(i) or (b)(i); (ii) that makes such a maintenance order; or (iii) that convicts any person of an offence referred to in section 31(1), shall, subject to paragraph (b)(i), make an order directing any person, including any administrator of a pension fund, who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, to make on behalf of the latter person such periodical payments from moneys at present or in future owing or accruing to the latter person as may be required to be made in accordance with that maintenance order if that court is satisfied— (aa) where applicable, in the case of subparagraph (i), after hearing such evidence, either in writing or orally, as that court may consider necessary; (bb) where applicable, in the case of subparagraph (ii), after referring to the evidence adduced at the enquiry or the application for an order by default, as the case may be; or (cc) where applicable, in the case of subparagraph (iii), after referring to the evidence adduced at the trial; and (dd) where applicable, after hearing such evidence, either in writing or orally, of any person who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order in question has been or is made, that it is not impracticable in the circumstances of the case: Provided that nothing precludes the court from making an order in terms of this subsection if it is of the opinion that any further postponement of the enquiry in order to obtain the evidence of the person referred to in subparagraph (dd) will give rise to an unreasonable delay in the finalisation of the enquiry, to the detriment of the person or persons to be maintained.’’.

Substitution of section 17 of Act 99 of 1998

The following section is hereby substituted for section 17 of the principal Act:

‘‘Orders by consent

(1) Any order referred to in section 16(1)(a) or (b) may be made [against any person not present] at the enquiry in the absence of one or both of the parties involved in the enquiry, if it is made in accordance with his or her or their consent in writing handed in by the maintenance officer at the enquiry.

(2) A copy of an order made [against any person not present] at the enquiry in the absence of one or both of the parties as provided for in subsection (1), shall be delivered or tendered to him or her or them, as the case may be, by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person or persons shall be deemed to be sufficient proof of the fact that he or she was or they were aware of the terms of the order in question.’’.

Amendment of section 18 of Act 99 of 1998

Section 18 of the principal Act is hereby amended—

(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) If a maintenance court is satisfied on the grounds of sufficient proof or otherwise— (a) that any person against whom an order may be or has been made under section 16(1)(a) or (b) or that any person in whose favour such an order has been made— (i) has knowledge of a subpoena issued under section 9; or (ii) has appeared before the court and was warned by the court to appear at a later date, time and place before the court; and (b) that he or she has failed to appear before the maintenance court on the date and at the time and place— (i) specified in such subpoena; or (ii) in accordance with a warning referred to in paragraph (a)(ii), the maintenance court may, on application of the maintenance officer for an order by default, call upon the person who has lodged the complaint to adduce such evidence, either in writing or orally, in support of his or her complaint as the maintenance court may consider necessary.’’; (b) by the substitution for subsection (3) of the following subsection: ‘‘(3) A copy of an order made [against] in respect of any person not present at the enquiry shall be delivered or tendered, as soon as may be practicable in the circumstances, to him or her by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person shall be deemed to be sufficient proof of the fact that he or she was aware of the terms of the order in question.’’; and (c) by the substitution for paragraph (a) of subsection (4) of the following paragraph: ‘‘(a) The person [against] in respect of whom a maintenance court has made an order by default may apply to the maintenance court for the variation or setting aside of the order.’’.

Substitution of section 20 of Act 99 of 1998

The following section is hereby substituted for section 20 of the principal Act:

‘‘Orders as to costs of service and directions

The maintenance court holding an enquiry may, having regard to the conduct of the persons involved in the enquiry so far as it may be relevant, make such order as the maintenance court may consider just relating to the costs of—

(a) the service of process; and (b) obtaining the information contemplated in section 7(3).’’.

Substitution of section 22 of Act 99 of 1998

The following section is hereby substituted for section 22 of the principal Act:

‘‘Notice of substitution or discharge of maintenance orders

Whenever a maintenance court—

(a) makes an order under section 16(1)(b) in substitution of a maintenance order; or (b) discharges a maintenance order under section 16(1)(b), the maintenance order shall cease to be of force and effect only insofar as the court expressly, or by necessary implication, replaced that order or part thereof, and the maintenance officer shall forthwith give notice of the decision to the registrar or clerk of the court in the Republic where the maintenance order was issued or where the sentence concerned was imposed, as the case may be, who shall deal with the relevant records or registers in the prescribed manner.’’.

Amendment of section 23 of Act 99 of 1998

Section 23 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

‘‘(1) Subject to the directions prescribed in connection with the transfer of maintenance orders, the maintenance officer [may] shall, in writing, direct the clerk of the court where a maintenance order was made to transmit the maintenance order, together with the prescribed records, to the clerk of the maintenance court within the area of jurisdiction of which the person in whose favour the maintenance order was made, or the person in whose care that person is, resides, carries on business or is employed.’’.

[ps2id id=’262a’ target=”/]

Amendment of section 26 of Act 99 of 1998, as amended by section 18 of Act 42 of

2001 and section 18 of Act 55 of 2003

Section 26 of the principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

‘‘(2A) On the granting of an application contemplated in subsection (2) by a maintenance court, the maintenance officer or clerk of the court at the request of the maintenance officer, shall, notwithstanding anything to the contrary contained in any law, in the prescribed manner, furnish the particulars of the person against whom a maintenance order has been made and a certified copy of the order of the court contemplated in subsection (2)(a)(i), (ii) or (iii), to any business which has as its object the granting of credit or is involved in the credit rating of persons.’’.

Amendment of section 28 of Act 99 of 1998

Section 28 of the principal Act is hereby amended by the substitution for

subsection (1) of the following subsection: ‘‘(1) A maintenance court may— (a) on the application of a person referred to in section 26(2)(a); [or] (b) when such court suspends the warrant of execution under section 27 (4)(b)[,]; (c) when such court suspends the order for the attachment of debt under section 30(1); and (d) where applicable, after hearing the evidence, either in writing or orally, of the employer of the person in question, make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall authorise any employer of the latter person to make on behalf of the latter person such payments as may be specified in the order from the emoluments of the latter person until such amount, interest and costs have been paid in full: Provided that nothing precludes the court from making an order in terms of this subsection if it is of the opinion that any further postponement of the enquiry in order to obtain the evidence of the person referred to in paragraph (d) will give rise to an unreasonable delay in the finalisation of the enquiry, to the detriment of the person or persons to be maintained.’’. [ps2id id=’31’ target=”/]

Amendment of section 31 of Act 99 of 1998

Section 31 of the principal Act is hereby amended—

(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance order shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding [one year] three years or to such imprisonment without the option of a fine.’’; and (b) by the substitution for subsection (4) of the following subsection: ‘‘(4) If a person has been convicted of an offence under this section, the maintenance officer [may] shall, notwithstanding anything to the contrary contained in any law, in the prescribed manner, furnish that person’s personal particulars to any business which has its object the granting of credit or is involved in the credit rating of persons.’’.

Substitution of section 35 of Act 99 of 1998

The following section is hereby substituted for section 35 of the principal Act:

‘‘Offences relating to maintenance enquiries

Any person who wilfully interrupts the proceedings at a maintenance enquiry or who wilfully hinders or obstructs the maintenance court in the performance of the maintenance court’s functions at the enquiry shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding [six months] one year or to both [such] a fine and such imprisonment.’’.

Substitution of section 38 of Act 99 of 1998

The following section is hereby substituted for section 38 of the principal Act:

‘‘Offences relating to certain notices

Any person who—

(a) without sufficient cause, refuses or fails to make any payment in accordance with a notice under section 16(3)(a), 29(1) or 30(1); or (b) refuses or fails to give notice to a maintenance officer as required by section 16(3)(b) or 29 (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding [six months] two years.’’.

Substitution of section 39 of Act 99 of 1998

The following section is hereby substituted for section 39 of the principal Act:

‘‘Offences relating to notice of change of address

Any person who refuses or fails to give notice of any change of his or her place of residence or employment as required by section 16(4) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding [six months] one year.’’.

Insertion of section 39A in Act 99 of 1998

The following section is hereby inserted in the principal Act after section 39:

‘‘Offences relating to maintenance investigators 39A. (1) Any person who wilfully hinders or obstructs a maintenance investigator in the exercise of his or her powers or the performance of his or her duties shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year. (2) Any person, other than a clerk of the court who is requested to assist a maintenance investigator in the performance of his or her functions, who has not been appointed as a maintenance investigator in terms of this Act and who— (a) performs any function entrusted to a maintenance investigator under any law; or (b) pretends to be or makes use of any name, title or addition or description creating the impression that he or she is a maintenance investigator or is recognised by law as such, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.’’.

Substitution of section 41 of Act 99 of 1998

The following section is hereby substituted for section 41 of the principal Act:

‘‘Conversion of criminal proceedings into maintenance enquiry

If during the course of any proceedings in a magistrate’s court in

respect of— (a) an offence referred to in section 31(1); or (b) the enforcement of any sentence suspended on condition that the convicted person make periodical payments of sums of money towards the maintenance of any other person, it appears [to the court] on good cause shown that it is desirable that a maintenance enquiry be held, [or when the public prosecutor so requests, the court shall] the court may, of its own accord or at the request of the public prosecutor, convert the proceedings into such enquiry.’’.

Posted on 11 February 2025 by Telelaw

Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights Parents have a legal obligation to maintain their children. The same applies to spouses who have to maintain each other, and so on. This obligation should be exercised naturally. In other words, even Continue Reading

Same-sex gay lesbian divorces Cape Town South Africa

Posted on 11 February 2025 by Telelaw

Same-sex gay lesbian divorces Cape Town South Africa

Could you provide me with an explanation of how a quick divorce works and what steps are involved in the process?
If your marriage is irreparably broken, divorce may be the most practical solution. However, if there is still a chance of reconciliation, divorce may not be the optimal choice for you and your family. You may want to consider trying marriage counseling, having open communication, or seeking guidance from a religious authority to try to save your marriage. If all attempts fail, seeking advice from a legal professional can help you finalize your divorce.
How does a quick divorce work?
A quick divorce can be finalized in a few weeks when both spouses agree on the divorce and proceed on an uncontested basis. Meeting with an attorney and advocate to draft necessary papers initiates the divorce process. The steps to follow are simpled:
Meet with the advocate or attorney,
draft the settlement agreement,
issue the divorce summons, serve the summons on the defendant,
set the divorce down for hearing,
and get divorced at court.
Searching for a good divorce lawyer
When searching for a good lawyer, it is important to do your research and consider a few key factors. Start by asking friends or family members for recommendations, as personal referrals can often be the most reliable source of information. You can also search for lawyers online and read reviews from past clients. Look for a lawyer who specializes in divorce cases and has experience in your specific situation. Make sure to schedule a consultation to discuss their fees, experience, and approach to your case. It is important to feel comfortable with your lawyer and confident in their abilities to represent you effectively. We recommend Advocate Muhammad Abduroaf. He is a Trust Account Advocate, and practices throughout South Africa. You can visit his website at www.abduroaf.co.za or make an appointment using the link www.ourlawyer.co.za. Specifically request to consult with him.

How to deal with minor children in a divorce

If you have children and are going through a divorce, it is important to prioritize their well-being. Consider finding a lawyer who specializes in family law and has experience with child custody cases. Look for someone who will prioritize the needs and best interests of your children. It may also be helpful to seek out a therapist or counselor for your children to help them navigate the emotional impact of the divorce. Remember to communicate openly and honestly with your children throughout the process and prioritize their feelings and needs. Here we again recommend Advocate Muhammad Abduroaf.

Affording a divorce lawyer in South Africa

When it comes to affording a divorce, it’s important to start by creating a budget and understanding all the expenses associated with the process. This may include legal fees, court costs, and potential fees for child custody evaluations or mediation. Consider looking into low-cost or pro bono legal services if necessary, and explore options for alternative dispute resolution such as collaborative divorce or mediation. It may also be helpful to seek financial counseling to ensure you are making informed decisions about your finances during this time. Remember to prioritize your own well-being and seek support from loved ones as needed.

How to deal with the emotional aspect of a divorce?

If you’re struggling to cope with the emotional toll of a divorce, seeking counseling can provide helpful support. It’s essential to prioritize your mental health and get help from loved ones or professionals if needed. Additionally, financial counseling can assist you in making informed decisions about your finances during this time. It’s crucial to take care of yourself and seek assistance if required.

Posted on 11 February 2025 by Telelaw

Could you provide me with an explanation of how a quick divorce works and what steps are involved in the process? If your marriage is irreparably broken, divorce may be the most practical solution. However, if there is still a chance of reconciliation, divorce may not be the optimal choice Continue Reading

I want to get a divorce from my spouse. I am not happy. What are frequently asked divorce questions in South Africa?
What is the cheapest way to get a divorce in South Africa?
The least expensive method for obtaining a divorce in South Africa is through an uncontested divorce, where both parties agree on all terms.
How long does it take for a divorce in South Africa?
The duration of a divorce process in South Africa varies, but on average, it takes about 2 to 4 months to finalize an uncontested divorce. Contested divorces may take longer due to legal proceedings.
What is the wife entitled to in a divorce in South Africa?
In a divorce in South Africa, the division of assets and spousal support is determined by various factors, including contributions to the marriage. There is no fixed entitlement for the wife, as each case is unique.
How much is an uncontested divorce in South Africa?
The cost of an uncontested divorce in South Africa depends on factors such as legal fees and sheriff expenses. It can range from a few thousand to several thousand rand.
How can I get a quick divorce in SA?
Opting for an uncontested divorce, where both parties agree on terms, and having all necessary documents prepared and submitted promptly can expedite the divorce process in South Africa.
Who pays for divorce fees in South Africa?
The responsibility for covering divorce fees in South Africa is typically shared between the spouses, but the specific arrangement may vary based on the agreement reached during the divorce proceedings.
Can I divorce my husband without him knowing in South Africa?
No, a divorce in South Africa requires legal notice to the other party. The spouse must be properly served with divorce papers, ensuring they are aware of the proceedings.
Can I divorce without my partner?
While divorce generally involves both parties, if your partner refuses to participate, you may proceed with a divorce, but it could become a contested case, potentially prolonging the process.
How long do you have to be separated before divorce is automatic in South Africa?
There is no automatic divorce in South Africa solely based on separation.
Who loses more in a divorce?
The impact of divorce varies, and there is no definitive answer to who loses more. Both spouses may experience emotional, financial, and lifestyle changes as a result of divorce.
What will I lose if I get divorced?
Depending on how you are married, in a divorce, assets, property, and debts are typically divided between spouses. The specific outcomes depend on various factors, including the legal agreements reached during the divorce proceedings.
Am I responsible for my husband’s debts if we divorce in South Africa?
Only if you were married in community of property.
What is the cheapest way to get divorced?
The most economical way to get divorced is through an uncontested divorce, where both parties agree on terms, reducing legal fees and court costs.
How do I start a divorce process?
To initiate a divorce process in South Africa, you typically need to consult with an attorney, who will guide you through the necessary steps, including filing a summons at the appropriate court.
How long does a free divorce take?
While a free divorce might refer to a DIY or uncontested divorce with minimal legal fees, the duration varies, but it may take around 4 to 8 months on average.
Who suffers the most in a divorce?
The emotional and financial impact of divorce can affect both spouses, and the degree of suffering varies based on individual circumstances.
Is divorce bad for finances?
Divorce can have financial implications, potentially leading to the division of assets and increased living expenses. However, careful planning and legal guidance can help minimize the financial impact.
How do I protect myself financially from my spouse?
To safeguard your financial interests in a divorce, consult with a divorce attorney, gather financial documentation, and consider reaching a fair settlement through negotiation or mediation.
How to get a free divorce in South Africa?
While a completely free divorce may be challenging, you can reduce costs by opting for an uncontested divorce, using DIY divorce kits, or seeking legal aid if you meet the eligibility criteria.
How can I get a quick divorce online?
Online divorce services may provide a quicker process for uncontested divorces. Research reputable online platforms, follow their procedures, and ensure all necessary documentation is submitted promptly.
How can I avoid divorce at all costs?
Avoiding divorce involves open communication, seeking counseling if needed, and addressing issues early on. However, it’s essential to recognize situations where divorce may be the best option for all parties involved.
Can you get divorced without going to court in South Africa?
No, one party would need to go to court to provide evidence.
Can you get divorced at Home Affairs?
No, Home Affairs does not handle divorces in South Africa. Divorces are filed and processed through the legal system, with the involvement of the appropriate court.
Who should file for divorce first in South Africa?
Either spouse can initiate divorce proceedings in South Africa. The decision on who files first often depends on individual circumstances and legal strategies.
Can I get divorce papers online in South Africa?
Yes, online platforms and legal services can provide divorce documents in South Africa. Ensure that the chosen service is reputable and complies with the country’s legal requirements.
Do I need a divorce certificate/Order to remarry in South Africa?
Yes, you need a divorce certificate/Order to remarry in South Africa. This document serves as proof that your previous marriage has been legally dissolved.
What are the stages of divorce?
The stages of divorce typically include filing a summons, responding to the summons, negotiations or court proceedings, and the finalization of the divorce decree.
What happens if one person in a marriage doesn’t want a divorce?
If one person opposes the divorce, it may become a contested case. The court will assess the reasons for opposition and make decisions based on legal principles.
What happens if one person says no to divorce?
If one party refuses to consent to the divorce, the case may become contested. The court will then evaluate the grounds for divorce and make decisions accordingly.
What if I don’t want a divorce but my husband does?
If one spouse wants a divorce and the other does not, it may lead to a contested case. Legal proceedings will follow to address the disagreement and determine the outcome.
Where do I go to get divorce papers in South Africa?
You can obtain divorce papers from an attorney, legal aid services, or reputable online platforms that specialize in providing legal documents for divorce in South Africa.

Posted on 11 February 2025 by Telelaw

I want to get a divorce from my spouse. I am not happy. What are frequently asked divorce questions in South Africa? What is the cheapest way to get a divorce in South Africa? The least expensive method for obtaining a divorce in South Africa is through an uncontested divorce, Continue Reading

I require a law firm to assist me in my Appeal or Review matter.
What are your contact details?
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

I require a law firm to assist me in my Appeal or Review matter. What are your contact details? 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 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]
The Firm: Advocate Muhammad Abduroaf
Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:
High Court matters
Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.
Magistrates Court matters
Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.
Constitutional Court
Appeals
Supreme Court of Appeal
Appeals and Reviews
Consult with, or Instruct Advocate Muhammad Abduroaf
If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

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]

The Firm: Advocate Muhammad Abduroaf

Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

Civil claim surrounding money;
Interdicts;
Divorces (Opposed and unopposed);
Child Custody and guardianship disputes;
Relocation of minor children;
Various criminal matters;
Minor children surname changes;
Appeals and Reviews; and
Other matters.

Magistrates Court matters

Civil claim surrounding money;
Various criminal matters;
Interdicts;
Maintenance Court matters;
Divorces Court matters (Opposed and unopposed)’
Children’s Court matter; and
Other matters.

Constitutional Court

Appeals

Supreme Court of Appeal

Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. 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

Ante Nuptial Contract meaning
Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. [caption id="attachment_4736" align="alignleft" width="300"] Prenup ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney[/caption] Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we offer professional, expert legal advice and we are professional legal drafters legal documents. Feel free to call our law offices today and have our friendly receptionist make an online appointment for you for a professional legal consultation.

Ante Nuptial Contract without Accrual

When being married in community of property, no ANC is required and this can be dangerous for both parties. When a couple decides to enter marriage without an ANC, they will automatically be married in community of property – meaning both parties will have equal right to each other’s assets and there is a joint estate. [caption id="attachment_4190" align="alignleft" width="300"]

Call us on: 0211110090
Email: [email protected][/caption] On the other hand, being married out of community of property will require an ANC and there will be no joint estate. Having said that, the parties will have their own financial independence and any debt incurred by the one party, will not affect the other. For more information on having your ANC professionally drafted or having your ANC registered, call our offices for an online appointment for a professional legal consultation. See our page for more information Ante-Nuptial Contract Questions and Answers

Ant-Nuptial Contract online

We have developed a range of legal products in which you can purchase online from this website: [caption id="attachment_4201" align="alignleft" width="300"]

Call us on: 0211110090
Email: [email protected] are:[/caption]

Does any of these products interest you? Feel free to call our offices on 021 424 3487 for a an online appointment for a professional legal consultation. Residing out of Cape Town? Call our national number on 087 701 1124.

Posted on 11 February 2025 by Telelaw

Ante Nuptial Contract meaning Ante Nuptial Contract is a legal document that stipulates how assets will be dealt with in the event of death or a divorce. Our Lawyer Pty Ltd is a family legal consultancy that have dealt with family legal matters over years. In addition to this, we Continue Reading

Do you require a video legal advice consultation?