Changing your Matrimonial Property Regime Questions and Answers

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

Other family law resources on this website

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

Articles and Q&A

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

Downloadable resources

We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Changing your Matrimonial Property Regime. If not, feel free to arrange a consultation with us.

Sharing is Caring

If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw

Changing your Matrimonial Property Regime Questions and Answers

Other family law resources on this website

Articles and Q&A

Downloadable resources

We created some downloadable resources for free on this website. They are:

1 Free Basic Will Tool Kit

2. Free Shariah Will Template

3. Free Divorce Starter Tool Kit

4. Free Child Maintenance Calculator

Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Changing your Matrimonial Property Regime. If not, feel free to arrange a consultation with us.

Sharing is Caring

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

Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so.

“DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 .”

Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children.

Grandparent supporting their grandchild

Furthermore, grandparents would also want their children to support their children, as they did. The reality is, that often times, grandparents have to step in. They have to support their grandchild due to their child not being able to, or unwilling to do so. Of course, there are legitimate cases where the parents cannot afford to care for their children. In such a case, the grandparents may be more than happy to assist. This post does not deal with the latter scenario.

What does the law say on grandparents’ duty of support?

In short, if a parent cannot adequately maintain a child, the law can force grandparents to assist. This includes both paternal and maternal grandparents. A parent may also claim support from their child. However, this article does not deal with that scenario.

What to do if the father of the child cannot afford to pay child support?

You cannot claim child support from grandparents at the Maintenance Court as the first step. This is so even if they are extremely wealthy. An enquiry first needs to be instituted against the father of the child concerned. You are welcome to ask the grandparents though for support. Therefore, you need to make an application to the Maintenance Court for child support from the father first. If it is determined, that that father cannot afford to pay child support, then they climb a level up. In this case, to the grandparents. The Maintenance Court would then decide whether or not to institute an enquiry against the grandparents. If it is decided that there is a need and the grandparent can afford it, then a maintenance order would be made against the grandparents.

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

Posted on 11 February 2025 by Telelaw

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:

Child Custody, Contact rights and more – Children’s Act 38 of 2005

This article gives a short introduction to the Children’s Act.

The Children’s Act 38 of 2005 was a very welcomed piece of legislation. It assists us in answering many issues relating to Family Law. For example. What are the rights of unmarried fathers? Do I as a father of a child born out of wedlock have rights? Do I as a father of a child born in terms of a religious marriage have rights?

Parents who are involved in disputes regarding their children should educate themselves on the provisions of the Children’s Act.

Challenges for unmarried fathers

In our view, unmarried fathers almost always experienced difficulties regarding access to their children if they were separated from their mother. What is even worse, is if a couple was married in terms of religion or custom, and not civilly (e.g. in Court), and the parties separated, where the unmarried father’s position would be the same as that of an unmarried father who was never married to the mother religiously or customary.

Rights of Unmarried Fathers in South Africa

However, if a party was married civilly and divorced, the Divorce Court in the past would deal with the issue of care and contact in relation to the minor children. The usual phrase used was that the mother would have custody over the child, with the father having rights of reasonable access. The position has however improved with the inception of the Children’s Act 38 of 2005 for both divorced and unmarried fathers. As outlined below, an unmarried father would have rights over a child, akin to that of a married father, as long as certain conditions are met.

The persistent problem for unmarried parents

However, in our view, based on the custody and contact matters we dealt with since the inception of the Act, mothers are still seen as primary caregivers in practice, and if the mother does not want the father to have contact or care with the child or a say in his or her life, the father would still have to follow the procedures in the Act to give effect to his rights. Sometimes, approaching the Court is the only solution. However, on the whole, the Children’s Act 38 of 2005, is a step in the proper direction for unmarried fathers, and children born out of wedlock. We hope it would improve even more.

The coming into effect of the Children’s Act 38 (Act 38 of 2005)

All sections of the Children’s Act 38 (Act 38 of 2005) came into effect on 1 April 2010. The Children’s Act 38 of 2005 brought many changes regarding the responsibilities and rights of parents and children and also deals with other aspects regarding children, e.g. contraceptives and abortion, etc. Interesting to note are the following sections listed below, there are however others depending on your issues.

Parental responsibilities and rights

Section 18 of the children’s act 38 of 38 2005 states the following: (1) A person may have either full or specific parental responsibilities or rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right- (a) To care for the child; (b) To maintain contact with the child; (c) To act as guardian of the child; and (d) To contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must (a) Administer and safeguard the child’s property and property interests; (b) Assist or represent the child in administrative, contractual and other legal Matters; or (c) Give or refuse any consent required by law in respect of the child, including- (I) consent to the child marriage (ii) Consent to the child adoption; (iii) Consent to the child departure or removal from the Republic; (iv) Consent to the child application for a passport; and (v) Consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). We shall now deal with what the Children’s Act of 2005 says the meaning of care and contact are, which are not the traditional words used in the past. In the past, the courts and the legal fraternity used the terms custody and access. This was reflected in divorce papers. Now legal documents use the terms care and contact although some might disagree, it is respectfully submitted that custody is an aspect of care and the Children’s act provides broader responsibilities and rights in this regard.

Meaning of Care in the Children’s Act

The Children’s Act 38 of 2005 defines care as follows: Care in relation to a child, includes, where appropriate- (a) Within available means, providing the child with- (i) a suitable place to live; (ii) Living conditions that are conducive to the child’s health well-being and development; and (iii) The necessary financial support; (b) Safeguarding and promoting the well-being of the child; (c) protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards; (d) respecting, protecting, promoting and securing the fulfilment of, and guarding against any infringement of, the child rights set out in the Bill of Rights and the principles set out in Chapter 2 of this Act; (e) guiding, directing and securing the child education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child age, maturity and stage of development; guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child age, maturity and stage of development; (g) Guiding the behaviour of the child in a humane manner; (h) Maintaining a sound relationship with the child; (I) accommodating any special needs that the child may have; and (j) Generally, ensuring that the best interests of the child is the paramount Concern in all matters affecting the child;

Meaning of Contact in the Children’s Act

According to the Children’s Act 38 of 2005, contact means the following: Contact in relation to a child, means- (a) Maintaining a personal relationship with the child; and (b) If the child lives with someone else- (I) communication on a regular basis with the child in person, including- (AA) visiting the child; or (Bb) being visited by the child; or (ii) Communication on a regular basis with the child in any other manner, Including- (AA) through the post; or (Bb) by telephone or any other form of electronic communication; It is my view that the Children’s Act 38 of 2005 attempts to place greater value to contact between parent and child. There are many sections in the Children’s Act 38 of 2005 that deals with parental responsibilities and rights of parents and children. Get hold of the Act and see how it applies to you. If you are an unmarried father and your rights are being limited by the mother of the child, I advise you to contact a family legal practitioner and discuss your rights with him or her. And to all unmarried fathers out there, fight for your rights as a father, this would be in the child’s best interest.