child custody, child access, divorce, child maintenance, Children’s Act, Cape Town
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Advocate Muhammad Abduroaf
Posted on by Telelaw
I am a victim of Domestic Violence – Please provide me with questions and answers for general issues in domestic violence matters.
- What is considered domestic violence in South Africa?
- Domestic violence in South Africa includes physical, emotional, sexual, or economic abuse within an intimate relationship or household.
- Are men also protected under South African domestic violence laws?
- Yes, South African laws protect both men and women from domestic violence. Any person, regardless of gender, can be a victim or perpetrator.
- How can one obtain a protection order against domestic violence in South Africa?
- To obtain a protection order, a victim can apply at the Magistrate’s Court, and if in immediate danger, they can approach the police.
- What are the consequences of violating a protection order in South Africa?
- Violating a protection order is a criminal offence, and penalties may include fines or imprisonment.
- Can domestic violence victims get legal assistance in South Africa?
- Yes, victims can seek legal assistance through organizations like Legal Aid South Africa or private attorneys specializing in domestic violence cases.
- Are there support services available for domestic violence victims in South Africa?
- Yes, various organizations provide support services, including shelters, counseling, and legal advice for domestic violence victims.
- What role can the police play in domestic violence cases in South Africa?
- The police can intervene, arrest the perpetrator if necessary, and assist and/or advise victims in obtaining protection orders.
- Is it possible to report domestic violence anonymously in South Africa?
- While anonymous reporting might be challenging, victims can request confidentiality, and their information can be protected during legal proceedings.
- What rights do children have in cases of domestic violence in South Africa?
- Children have the right to be protected from domestic violence, and authorities may intervene to ensure their safety.
- Can a victim drop charges against an alleged perpetrator of domestic violence in South Africa?
- In criminal cases, only the state can drop charges. However, in civil cases like obtaining a protection order, the victim has control over the process.
- Are there cultural considerations in addressing domestic violence in South Africa?
- Yes, cultural sensitivities are considered, but domestic violence is universally condemned, and legal measures apply regardless of cultural background.
- What is the role of social workers in domestic violence cases in South Africa?
- Social workers can provide counseling, support, and assistance in finding resources for victims of domestic violence.
- Can a victim of domestic violence in South Africa claim compensation?
- Yes, victims may seek compensation through civil claims against the perpetrator for damages suffered due to domestic violence.
- Are employers obligated to support employees experiencing domestic violence in South Africa?
- Employers are encouraged to support employees facing domestic violence and can provide assistance such as counseling or time off for legal proceedings.
- Can technology be used as evidence in domestic violence cases in South Africa?
- Yes, text messages, emails, or other electronic communications can be used as evidence in domestic violence cases.
- What steps can schools take to address domestic violence affecting students in South Africa?
- Schools can create awareness, provide counseling services, and collaborate with relevant authorities to address domestic violence affecting students.
- How does the South African legal system handle false accusations of domestic violence?
- False accusations can be taken seriously, and the legal system aims to discern the truth through investigations to prevent misuse of protection orders.
- Is domestic violence education mandatory in South African schools?
- While not mandatory, initiatives exist to incorporate awareness programs about domestic violence into school curricula.
- Can immigration status affect a victim’s ability to report domestic violence in South Africa?
- No, immigration status should not be a barrier to reporting domestic violence, and victims are encouraged to seek help regardless of their legal status.
- What community resources are available to combat domestic violence in South Africa?
- Community resources include NGOs, helplines, and community centers that provide support, counseling, and education on domestic violence.
- Domestic violence in South Africa includes physical, emotional, sexual, or economic abuse within an intimate relationship or household.
- Yes, South African laws protect both men and women from domestic violence. Any person, regardless of gender, can be a victim or perpetrator.
- To obtain a protection order, a victim can apply at the Magistrate’s Court, and if in immediate danger, they can approach the police.
- Violating a protection order is a criminal offence, and penalties may include fines or imprisonment.
- Yes, victims can seek legal assistance through organizations like Legal Aid South Africa or private attorneys specializing in domestic violence cases.
- Yes, various organizations provide support services, including shelters, counseling, and legal advice for domestic violence victims.
- The police can intervene, arrest the perpetrator if necessary, and assist and/or advise victims in obtaining protection orders.
- While anonymous reporting might be challenging, victims can request confidentiality, and their information can be protected during legal proceedings.
- Children have the right to be protected from domestic violence, and authorities may intervene to ensure their safety.
- In criminal cases, only the state can drop charges. However, in civil cases like obtaining a protection order, the victim has control over the process.
- Yes, cultural sensitivities are considered, but domestic violence is universally condemned, and legal measures apply regardless of cultural background.
- Social workers can provide counseling, support, and assistance in finding resources for victims of domestic violence.
- Yes, victims may seek compensation through civil claims against the perpetrator for damages suffered due to domestic violence.
- Employers are encouraged to support employees facing domestic violence and can provide assistance such as counseling or time off for legal proceedings.
- Yes, text messages, emails, or other electronic communications can be used as evidence in domestic violence cases.
- Schools can create awareness, provide counseling services, and collaborate with relevant authorities to address domestic violence affecting students.
- False accusations can be taken seriously, and the legal system aims to discern the truth through investigations to prevent misuse of protection orders.
- While not mandatory, initiatives exist to incorporate awareness programs about domestic violence into school curricula.
- No, immigration status should not be a barrier to reporting domestic violence, and victims are encouraged to seek help regardless of their legal status.
- Community resources include NGOs, helplines, and community centers that provide support, counseling, and education on domestic violence.
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Changing your matrimonial property regime from in community of property to out of community of property

Are you married? Do you know what is your matrimonial property regime?
To register your Antenuptial Contact, Click here. Are you married in Community of Property? Do you want to change your matrimonial property regime to Out of Community of Property? Did you not know that a marriage Out of Community of Property was possible when getting married? There is legal relief for you and your spouse.In Community of Property
All civil marriages are automatically In Community of Property. This means that there is one estate shared between wife and husband. Therefore, if anyone of the spouses incurs a debt, that debt belongs to both of them.Out of Community of Property
The other option is to get married Out of Community of Property. This means that there are two separate estates and each party is responsible for his or her own debt. For some people, this would be a better option, especially if you are a business person.Accrual system
The usual process to be married Out of Community of Property is to enter into an antenuptial contract before the marriage. The contract will have clauses in it stating:- That there shall be no community of property;
- That there shall be no community of profit or loss; and
- That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.
However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984.Getting the High Court’s Consent to change your matrimonial property regime to Out of Community of Property
Once you and your spouse have decided to change your matrimonial property regime to Out of Community of Property, you would need to approach the High Court in your area for consent. If you know the law, legal process, Court rules, and procedure, you and your spouse can do it on your own. If you cannot do it on your own, an attorney would be able to do it for you. This the attorney may attend to with or without the assistance of an Advocate.Drafting a post-nuptial contract
What they do is draft a post-nuptial contract for you which would outline what matrimonial property regime you want and also how the joint estate should be divided.Application to the High Court for consent to change your matrimonial property regime to Out of Community of Property
Then they draft a Notice of Motion (notifying the Court what you want) and Founding Affidavit (your affidavit outlining your case etc.). Your case must satisfy the Court that:- There are sound reasons for the proposed change of the matrimonial property regime;
- There has been sufficient notice to creditors regarding the proposed change; and
- No other person will be prejudiced by the proposed change.
If, however, you cannot make a case for the above, your application may be unsuccessful. 
Costs involved in changing your matrimonial property regime
As stated, you have to approach the High Court for consent to change your matrimonial property regime. There, therefore, would be the costs of an attorney who may instruct and advocate, and further costs in drafting and registration of the postnuptial contract. Furthermore, there is advertisement cost involved as you would have to give notice in the Government Gazette and in one or two local newspapers. You would further have to serve your application on the Registrar of Deeds and give notice to your creditors via registered mail. The total costs can range from R 25 000 – 00 should your matter be straight forward, to R 30 000 – 00 should it be more complicated.Complicated applications to change your matrimonial property regime to Out of Community of Property
Complicated would mean the joint estate has many creditors. Furthermore, there may be many assets in the joint estate that needs to be divided, especially if they are not easily describable. The above-mentioned fee is obviously dependent on your application not being opposed by any interested party. One reason for opposing the application could be that the Joint Estate is deeply indebted to a creditor, and she feels that her claim would be prejudiced by the proposed change. Should your application be opposed for any reason, many more hours will be spent fighting for the success of your application which could costs you a small fortune and you may even be ultimately unsuccessful. Therefore, you would need to advise your legal team of all relevant facts before the application is made.Time estimates to change your matrimonial property regime to Out of Community of Property
The estimated time in preparing your application, your post-nuptial contract and ultimately obtaining consent from the High Court is about 4 weeks. This is also dependent on whether or not the High Court is sitting within 4 weeks after the drafting of your application. If the High Court is in recess, a few extra weeks may apply. The Court may also want a report from the Registrar of Deeds which could cause delays. 
Registering the postnuptial contract
Once your application is successful and the High Court, therefore, gave consent, you will usually have 3 (three) months to register the postnuptial contract. So once consent is granted, you need to see a Notary Public before whom you will sign your post-nuptial contract and then have it registered. This, therefore, needs to be done within the three months of obtaining the consent of the High Court.Sharing is Caring
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