Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Kuruman. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Uncategorized
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Roodepoort.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Roodepoort
Whether you claim child maintenance in Roodepoort, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Roodepoort.
The maintenance scenario – Roodepoort South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Roodepoort
- The child is cared for by the mother who works in Roodepoort
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Roodepoort
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Roodepoort, it would be the maintenance court in Roodepoort. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Roodepoort, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Roodepoort Maintenance Court?
Once you have been notified of the maintenance court date by the Roodepoort Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Roodepoort?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Roodepoort Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Roodepoort Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Roodepoort, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Roodepoort. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty Continue Reading
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Roodepoort Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Roodepoort 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 Roodepoort. 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 Roodepoort or any other city in South Africa.
What to do before visiting the Roodepoort Children’s Court
Before you approach the Children’s Court in Roodepoort, 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. Roodepoort 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 Roodepoort 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 Roodepoort Children’s Court
The Roodepoort Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Roodepoort 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 Roodepoort 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 Roodepoort.
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 Roodepoort Children’s Court
Once you complete the Form A and submit it to the Clerk of the Roodepoort 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 Roodepoort 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 Roodepoort Children’s Court
Once the Roodepoort 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 Roodepoort 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, Roodepoort, 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 Roodepoort Children’s Court Family law legal matters can be very stressful. This is so whether you live in Roodepoort 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 Phuthaditjhaba Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Phuthaditjhaba 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 Phuthaditjhaba. 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 Phuthaditjhaba or any other city in South Africa.
What to do before visiting the Phuthaditjhaba Children’s Court
Before you approach the Children’s Court in Phuthaditjhaba, 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. Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court
The Phuthaditjhaba Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba.
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 Phuthaditjhaba Children’s Court
Once you complete the Form A and submit it to the Clerk of the Phuthaditjhaba 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 Phuthaditjhaba 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 Phuthaditjhaba Children’s Court
Once the Phuthaditjhaba 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 Phuthaditjhaba 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, Phuthaditjhaba, 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 Phuthaditjhaba Children’s Court Family law legal matters can be very stressful. This is so whether you live in Phuthaditjhaba or any other city in South Africa. Especially so if you Continue Reading
Uncontested divorce in South Africa
First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such as child custody, child support, and asset division, may be relevant to the divorce but do not necessarily slow down the process. The legal expert must assist the parties in reaching a legal agreement. [caption id="attachment_4561" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] For professional legal consultation, contact our law offices on 021 111 0090 and have our friendly receptionist make an online appointment for you. Secure your one-on-one legal consultation today! Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit How long does a divorce take in South Africa? This a common question we’re often faced with when dealing with divorce matters. Unfortunately, some divorces are more complex in which the other party is not co-operating and refuse to agree to a divorce. Under such circumstances, the divorce can unfold over years depending on the nature and circumstance of the matter. [caption id="attachment_4562" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Contested or opposed divorces on the other hand, are when both parties are not in agreement with the divorce – this can cause a dreadful, costly legal drag. The contested divorce will unfold in the following ways: - pleadings
- application for and set down of trial date
- discovery of documents
- further discovery and particulars
- pre-trial conference
- trial
- judgment
Feel free to click on the links below and find out more about our legal expertise:- Basic Divorce Guide – Western Cape High Court
- Divorce Notice Of Set Down – Cape Town High Court Cape Town
- Divorce Particulars Of Claim Western Cape High Court Cape Town
- Do Your Own Unopposed Divorce. No Lawyers Needed.
- Free Online Divorce Assistance Form DIY
- South Africa – frequently asked questions for divorce
- Summons Divorce Western Cape High Court Cape Town
- Twenty One (21) Uncontested divorces in the Western Cape High Court today.
Feel free to call our law offices on 021 424 3487 for a professional legal consultation today and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! Online divorce South Africa Technology is of a dynamic nature which is why we have moved with the times. We have recently introduced our modern, online operation. Efficiency and convenience is our main objective for the layperson. [caption id="attachment_4563" align="alignleft" width="300"]
Call our law offices on: 0211110090
Email us at: [email protected][/caption] Should you be residing out of the South Africa, consulting with us will not be a problem. We are able to conduct legal consultations online, face to face or Skype / video call. We have now recently introduced our national contact number which caters for those residing out of Cape Town. Our online appointment system is efficient and gets you in the swing of an easy step to having your legal consultation with the legal expert. Simply call our offices today and have your online appointment made for you!
Uncontested divorce in South Africa First of all, what is an uncontested divorce? An uncontested divorce occurs when both parties agree to the divorce. This type of divorce is quicker, less expensive, and simpler. A formal trial is not necessary, but legal guidance may still be necessary. Other factors, such Continue Reading
Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.
Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.Expertise and Specialisation
One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.Personalised Approach
We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.Commitment to Excellence
At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.Responsive and Accessible
Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.Cost-Effective Solutions
Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.Ethical and Professional Conduct
Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:- Tel.: 021 111 0090
- Email.: [email protected]
We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
- Tel.: 021 111 0090
- Email.: [email protected]
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
Advocate of the High Court of South Africa – Cape Town
Not many people know about the advocates’ profession. They hear of them, see them on television and read about them in newspapers. But what are they, and what do they do? To answer some of these questions, we got hold of Advocate Muhammad Abduroaf a practicing advocate from Cape Town, Western Cape, to assist us in unpacking this much misunderstood profession.Advocate Muhammad Abduroaf – Cape Town
Advocate Muhammad Abduroaf is an admitted advocate of the High Court of South Africa. He holds chambers in the Pinnacle Building, 33 Burg Street, Cape Town, South Africa. He has been practising as an advocate for much over a decade and holds a wealth of experience on the ins and outs of the profession. Advocate Abduroaf has an LL.B and LL.M (Master of Laws) Degree on his shoulders. To learn more about the life of an advocate, please read on.Advocates of the High Court of South Africa
Advocates play a very important role in society. They advise and represent their clients in complicated legal issues on an array of matters. Although advocates usually appear in the Higher Courts (High Court, Supreme Court of Appeal and Constitutional Court etc.), they do on occasion appear in the magistrates or lower courts and other forums. In order be become an advocate, you are required to have the necessary academic training in the form of an LL. B degree (Bachelor of Laws). This degree usually takes no less than 4 (four) years to complete at an accredited South African university. Furthermore, only a judge in the High Court can admit you as an Advocate after filing the necessary application. Many advocates then go on to form part of a society of advocates. If you wish to become and advocate, you would need to file your application at the High Court in the area where you reside, attach to it the necessary documents, and set the matter down for hearing when the High Court hears such applications. Admissions of attorneys, advocates, notaries and conveyancers usually take place on the first Friday of each month in the High Court. The Judges who preside over such applications are usually the Judge President and a less senior judge. Once you are admitted as an advocate of the High Court of South Africa, your name would be added to the roll of advocates.How do advocates of the High Court get work?
Advocates receive their work from attorneys. In other words, a person from the public cannot directly instruct an advocate to do work for him or her. There are however certain exceptions. However, from August 2018, advocates with Trust Accounts may take on an instruction from a member of the public. An attorney’s intervention would therefore not be required. Under the latter scenario, the client would act as the attorney, do all the work the attorney would usually do, and then instruct the advocate to do what she does best. Sticking to the current legal position, the role of an advocate is closely linked to that of an attorney. The Attorney would meet with, and initially consult with the client, take instructions, and request a deposit of some sort. The deposit would be paid into the attorneys Trust Account. Should the matter require an advocate, the attorney would prepare a brief (or case file), with all relevant information in it and forward it to the advocate. The advocate would then act on the brief or instruction of the attorney and bill the attorney accordingly for services rendered in the case. If for instance the attorney did not request a deposit from the client beforehand, and nonetheless instructed the advocate; the attorney is still obliged to pay the advocate her fee. That would be a risk the attorney is taking.What type of work does advocates do for attorneys or clients?
Advocates would usually do work that the attorney’s practice does not cater for. An attorney is usually a general legal practitioner, who runs a law office. This would entail meeting with clients on a regular basis, taking calls, writing letters, filing documents at court etc. As seen above, attorneys also need to prepare briefs for advocates and pay them. Therefore, an attorney can be seen as a case manager when it comes to dealing with an advocate, and cases in general. Therefore, you would never see an advocate writing a letter of demand.Court work in the Magistrates and High Courts
An Advocate would be briefed to draft pleadings (court documents) as well as legal opinions. This type of work is very focused and requires a few hours at a time to be set aside for it. Advocates then also need to prepare for trials. In this regard, the case needs to be studies, strategies formulated, and possible questions needs to be drawn up. It takes a lot of time to work out what are good questions to be asked in cross examination of witnesses. The right question, can be the deciding factor in winning or losing a case. Therefore, an advocates office cannot be burdened with daily administrative tasks which attorneys best do. Arguments in legal cases in the Higher Court or Magistrates Court At the end of a court case, lawyers need to provide arguments to court as to why their case should succeed. Now let’s say there were five witnesses that were called to provide evidence in a divorce case. Each of them provided evidence on the witness stand for about a day. At the end of evidence presented, and the close of each party’s case, the advocate needs to go back to his chambers to prepare closing arguments. She needs to focus and apply her mind in finding the most convincing arguments based on the evidence presented in order to succeed in her case. She will bear in mind that there is an advocate who may try to discredit her arguments should they be weak or incorrect. In motion or application procedures, evidence is provided in affidavit form. Therefore, the parties do not go on the witness stand and say what happened. They do so in an affidavit and submit it to Court. A typical case where motion procedure is appropriate would be Child Custody matters. Once all the parties submitted their affidavits to court, the parties’ legal representatives would file, what they term, heads of argument.Legal Opinions on Legal Matters or Court Cases
What advocates are often asked to do is to draft opinions on legal matters. Opinions are very useful if you would like to know if you have a winning case beforehand, or what the law says about your specific situation. A lot of time gets spent on drafting an opinion. This is so as the nature of the legal advice required in the opinion is mostly complicated. It is always advisable to obtain an opinion before litigating or taking a matter to court. Spending some money on a well drafted opinion can save you a lot in the future. This is especially so if you do not have a solid case at the outset. Therefore, should you lose your case, you would have had to pay your lawyers as well as the lawyers for the other side. This could all have been avoided if an opinion on the merits of success in your matter was provided.What do advocates charge attorneys or clients for their services?
An advocate has to charge a reasonable fee for her services. However, what is reasonable depends on the facts of each case. An advocate with years of experience, or an expert on a specific aspect of law, would obviously charge much more than someone who has limited experience in a specific branch of law. It could also be that the new Advocate on the block may even take much more time to learn the law and figure things out. But in general, depending on your years of experience as an advocate, and the nature of the service provided; would determine the fees charged. We trust above brief summary of what an advocate is and what she does, provided by Advocate Muhammad Abduroaf was useful. Visit this website again soon for more interesting articles on the legal profession and family law. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.
Advocate of the High Court of South Africa – Cape Town Not many people know about the advocates’ profession. They hear of them, see them on television and read about them in newspapers. But what are they, and what do they do? To answer some of these questions, we got Continue Reading
Worldwide Law & Legal Directory
Dear Private Legal – PTYLtd., We hope this email finds you well. We are excited to inform you that your esteemed lawyer & law firm has been added to LawFirms1, a comprehensive platform that connects clients with top-notch legal services from all corners of the world.
As a respected member of the legal industry, your expertise and dedication have caught our attention, and we believe your presence on our directory will be highly valuable to individuals seeking legal assistance and related services.
LawFirms1 showcases a curated collection of lawyers, law firms, and legal service providers, offering a wide range of legal expertise to meet the diverse needs of our users. Our user-friendly interface makes it easy for potential clients to discover your profile, explore your areas of practice, and learn about your achievements.
Your listing is free of charge and can be found at:
Private Legal – PTYLtd.
Please use the menu entry labelled “Claim ownership or report listing” to manage your page, or use this direct link: www.lawfirms1.com/login/1422147394758657?e=248399703
Other businesses listed on our platform include:
African Legal Information Institute 
Hildebrand Attorneys 
SD Law South Africa 
SchoemanLaw Inc 
Erasmus Ranchod & Associates 
Straughan Inc.
We encourage you to visit the website and explore your listing. Verify that all the information is accurate and up-to-date. By claiming your listing, you can customize your profile, add additional details, and enhance your visibility to potential clients.
Additionally, we invite you to share your listing on social media to increase your online presence and expand your reach. Feel free to use the following example message:
“Exciting News! We are now featured on LawFirms1, a leading platform connecting clients with top-notch legal services worldwide. Check out our profile to learn more about our practice and how we can assist you with your legal needs: www.lawfirms1.com/ZA/Cape-Town/1422147394758657/Private-Legal—PTYLtd.”
We are committed to providing a supportive platform that fosters collaboration and growth within the legal community. Feel free to contribute insights, interact with users, and engage with fellow professionals on our website.
Thank you for being a part of LawFirms1. Together, let’s empower individuals to make informed legal decisions and navigate the legal landscape with confidence.
Feature your listing in Cape Town
There are currently 2 featured listing slots left in Cape Town. Click here to learn more.
Best regards,
LawFirms1
|
Worldwide Law & Legal Directory Dear Private Legal – PTYLtd., We hope this email finds you well. We are excited to inform you that your esteemed lawyer & law firm has been added to LawFirms1, a comprehensive platform that connects clients with top-notch legal services from all corners of the Continue Reading
The role of antenuptial contracts in South Africa – What do you need to know before getting married?
When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they will start a family. However, there is one important aspect many people do not consider before getting married. And that is the propriety regime that would apply to their marriage. In other words, what belongs to who during the marriage and after the marriage should they divorce or one spouse passes away.Marriages in community of property – The Standard Regime
In South Africa, the default matrimonial property regime is that of in community of property and profit and loss. What this means, is that whatever property the couple have during the marriage, they would share. This includes debt. Therefore, should a party receive a huge sum of money during the marriage, that money would belong to both the parties and form part of the joint estate. The same principle would apply should a party get into financial trouble. In such a case both the spouses or the joint estate would be responsible for that debt. If spouses are happy to share in each other’s wealth and liabilities during the marriage, then being married in community of property may be a good option. However, if this matrimonial property regime does not appeal to a couple before they get married, then a different matrimonial property regime should be looked at. Now let us move on to a marriage out of community of property.Marriages out of community of property – with or without the accrual regime
Marriages out of community of property may take two faces. The first is out of community of property without the inclusion of the accrual regime. This is its purest form. The other would be a marriage out of community of property with the inclusion of the accrual regime. Before we explain the differences between the two, we need to explain to you what it is meant to be married out of community of property and profit and loss.Marriage out of community of property
Being married out of community of property means that spouses during the marriage own their own assets and are solely responsible for any debt owed by either of them. This can be compared to a marriage in community of property where the opposite applies. Therefore, if the couple is married out of community of property, a spouse would not require the other spouse’s consent to incur a debt. A spouse would not be entitled to claim any monies belonging to the other spouse by virtue of being married. In short, if you are married out of community of property, you are solely responsible for your estate. As would be seen further below, to be married out of community of property you have to enter into an antenuptial contract.What is the accrual regime?
As mentioned above, a marriage out of community of property could have the accrual regime apply to it or not. The aspect of accrual only comes into play should the parties divorce or one of them pass away. The parties would then share in half the difference between the two estates. This amount is referred to as the accrual. Therefore, by way of example, should one spouse pass away and the estate of the deceased has grown in the sum of R10 000 – 00, then the surviving spouse should receive half of that. The above example would apply if the surviving spouse’s estate has not grown at all. If it has grown, then they would share in half the difference of their respective growths.Marriage out of community of property with the inclusion of the accrual regime
The accrual regime automatically applies to a marriage out of community of property, unless it is expressly excluded in an antenuptial contract. During the marriage, the same principles as above apply to a marriage out of community of property with the inclusion of the accrual regime.Marriage out of community of property with the exclusion of the accrual regime
If the couple does not want the accrual regime to apply to their marriage out of community of property, they need to expressly stipulate it in the antenuptial contract. If they do not do so, then their marriage would automatically be out of community of property with the inclusion of the accrual regime.Parties entering into an antenuptial contract before the marriage
As stated, if a couple wants to get married out of community of property with or without the inclusion of the accrual regime, they need to enter into an antenuptial contract. They would sign a document wherein they stipulate what matrimonial property regime would apply to the marriage. Other matters may be included in an antenuptial contract. For example, assets that should not be included in the calculation of the accrual. The antenuptial contract is signed before a notary public and it is registered at the Deeds Office. In that way, the public would know that you are married out of community of property.What happens if I did not enter into an antenuptial contract and want to change it later?
Should a couple get married and later decide to change the matrimonial property regime, they may do so with the consent of the High Court. A court application would have to be made to the High Court explaining to the court why they wish to change the matrimonial property regime and also which property regime they now wish to apply to them.Publication of Application to change the matrimonial property regime
Various other information would be included in the High Court Application which could entail details of various creditors of the spouses and their assets and liabilities and so on. Attached to the court documents would also be a draft postnuptial contract. The Application and the Court date would be published in the Government Gazette and one or two local newspapers for potential creditors to be informed about the pending Court Application.Informing creditors of the change in the matrimonial property regime
Various creditors would also be notified of the application via registered mail. The application can be expensive because of the work and expenses involved. This cost includes attorney fees advocate fees, publication fees etc. It is therefore important to decide before the marriage whether or not the matrimonial property regime of community of property is the best regime for you before getting married. If it is not the best for you and your intended spouse, we advised that the enter into an antenuptial contract. This will not only save you money in the long run but also avoid a lot of complications in the future. Speak to us should you wish to enter into an antenuptial contract. Our antenuptial contract product may be purchased here. 
We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
The role of antenuptial contracts in South Africa – What do you need to know before getting married? When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they Continue Reading
Best Divorce Lawyer Advice – Focus on your case – not the emotions involved
Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark on a shared life journey. Following their union, they may have welcomed children into their family and created a multitude of cherished memories—celebrations, milestones, and everyday moments that strengthened their bond. However, over time, a significant turning point emerged, one that fundamentally altered the trajectory of their relationship. Disagreements began to surface, leading to a gradual emotional detachment between the partners. Despite their best efforts to restore the affection they once felt for each other, these attempts proved unsuccessful, ultimately culminating in the contemplation of divorce.Best Strategies for Navigating Divorce for Optimal Outcomes
It is not uncommon to witness clients struggling with the emotional ramifications of divorce as they seek assistance in addressing various legal matters. When clients approach us, they often face challenges that extend beyond emotional distress, including the complexities associated with child custody, division of assets, and personal maintenance. Some clients may operate under the misconception that criticizing their partner or airing grievances will enhance their chances of obtaining a more favorable outcome. However, it is crucial to understand that while these emotions are valid and significant, they do not directly impact the objective issues at hand concerning children, property, and financial support.Best Legal Strategy to employ in Divorces
As legal professionals, our primary goal is to assist clients in navigating their emotional challenges effectively, allowing us to redirect our focus toward the substantive issues that require resolution. This pivotal transition is essential; it serves as a breakthrough moment that enables both the client and their attorney to approach the case with clarity and a constructive mindset. While we remain empathetic to our clients’ emotional experiences, it becomes evident that managing these emotions better facilitates a more effective and favorable resolution to their legal matters.Focusing on Relevant Legal Issues
Once we have successfully guided clients beyond the emotional turmoil associated with divorce, a concerted focus can be established on the critical legal issues that need to be addressed. The primary objectives during this phase encompass securing an equitable settlement or achieving a favorable judgment through trial proceedings. It is imperative to recognize that triumph in these legal matters rests on the foundation of factual evidence rather than emotional arguments, leading to improved outcomes for the client. For instance, when determining child support, if the monthly cost of raising a child is established at R 10,000, the court adheres to this figure, irrespective of any negative behavior exhibited by the other parent—such as infidelity or other actions that may have contributed to the marital breakdown. These considerations, while emotionally charged, do not influence the financial outcome in a legal context.Best way to proceed with your divorce case
Therefore, it is essential for parents involved in divorce proceedings to present comprehensive and accurate evidence that substantiates the actual costs associated with the care of their children. This encompasses not only basic necessities but also additional financial obligations that may arise. Furthermore, it is crucial to clearly outline the financial responsibilities that both parents should assume in relation to these costs. This process emphasizes the necessity of grounding discussions in factual data, thereby highlighting that the legal proceedings should focus on practical issues rather than the emotional narratives surrounding the separation. Such an approach can significantly enhance the likelihood of a favorable resolution that meets the needs of all parties involved. If you wish to consult with us, complete the form below:
Best Divorce Lawyer Advice – Focus on your case – not the emotions involved Once upon a time, an individual and their spouse were deeply engaged in a profound romantic relationship, characterized by love and mutual respect. This connection led to the pivotal decision to enter into marriage and embark Continue Reading