Children’s Court – Advocate Muhammad Abduroaf – Do you need a lawyer?
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What are twenty (20) common legal questions and answers in South Africa?
While legal questions can vary depending on country and circumstances, here are 20 common legal questions and brief answers. Keep in mind that these responses are general and may not cover all aspects of the law. If you have specific legal concerns, it’s always advisable to consult with a qualified attorney or advocate.What should I do if I’m involved in a car accident?
- Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.
How do I create a legally binding contract?
- Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.
What is the process for filing for divorce?
- Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.
How can I protect my intellectual property?
- Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.
What is the difference between a will and a living will?
- Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.
How can I start a small business legally?
- Answer: Register your business, obtain necessary licenses, and comply with tax regulations.
What are my rights if I’m arrested?
- Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
- How does insolvency work?
- Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.
Can I be fired without cause?
- Answer: No
What is the process for adopting a child?
- Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.
What rights do tenants have?
- Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.
How do I deal with workplace discrimination?
- Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.
What steps should I take after being injured in a slip and fall accident?
- Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.
Can I represent myself in court?
- Answer: Yes, but it’s often advisable to seek legal representation for complex matters.
What is the process for obtaining a patent?
- Answer: File a patent application with the relevant patent office.
- What age is a child an adult?
- Answer: 18
- Where do I get divorced?
- Answer: You start the process by issuing a Summons out of the Court.
How can I dispute a traffic ticket?
- Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.
What rights do I have when stopped by the police?
- Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.
How do I start the process of creating a will?
- Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.
What should I do if I’m involved in a car accident?
- Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.
How do I create a legally binding contract?
- Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.
What is the process for filing for divorce?
- Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.
How can I protect my intellectual property?
- Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.
What is the difference between a will and a living will?
- Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.
How can I start a small business legally?
- Answer: Register your business, obtain necessary licenses, and comply with tax regulations.
What are my rights if I’m arrested?
- Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
- Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.
Can I be fired without cause?
- Answer: No
What is the process for adopting a child?
- Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.
What rights do tenants have?
- Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.
How do I deal with workplace discrimination?
- Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.
What steps should I take after being injured in a slip and fall accident?
- Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.
Can I represent myself in court?
- Answer: Yes, but it’s often advisable to seek legal representation for complex matters.
What is the process for obtaining a patent?
- Answer: File a patent application with the relevant patent office.
- Answer: 18
- Answer: You start the process by issuing a Summons out of the Court.
How can I dispute a traffic ticket?
- Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.
What rights do I have when stopped by the police?
- Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.
How do I start the process of creating a will?
- Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.
Posted on by Telelaw
What is a marriage out of community of property?
In South Africa, a Marriage out of community of property is a legal arrangement that allows a married couple to keep their financial assets and liabilities separate from each other. This means that each spouse has full ownership and control over their own property and finances, and they are not automatically responsible for each other’s debts and financial obligations. They have to enter into an antenuptial contract. In the event of a divorce or the death of one spouse, the assets and debts of each spouse are usually distributed according to the terms of an ante-nuptial contract. There are typically two main types of marital property regimes when it comes to marriage out of community of property:- Marriage out of community of property with accrual: In this type of arrangement, the couple’s financial affairs are separate during the marriage, but they agree that if the marriage ends (either through divorce or death), the growth or increase in the value of their respective assets during the marriage will be shared equally. This means that any assets or wealth acquired before the marriage remains separate, but the increase in value of these assets during the marriage is subject to sharing.
- Marriage out of community of property without accrual: In this arrangement, the financial separation between spouses is strict. Each spouse’s assets and debts are entirely their own, and there is no sharing of assets or growth in assets during the marriage. In the event of divorce or death, each spouse retains what they brought into the marriage, and any assets acquired during the marriage are not subject to sharing.
It’s important to note that the specific laws and regulations governing marriage property regimes vary from one country to another. Some jurisdictions might have default rules regarding property division upon divorce or death, and couples may have the option to enter into prenuptial agreements or other legal arrangements to customize their property rights based on their preferences. Marriage out of community of property is often chosen by individuals who want to maintain separate financial identities and protect their individual assets, especially if they have significant wealth or assets before entering the marriage. However, it’s important for couples to understand the legal implications of their chosen property regime and to consult with legal professionals to ensure that their rights and intentions are properly documented and protected. We service clients in all cities: Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg
Posted on by Telelaw