Divorce Certificate – Legal Services and Advice Cape Town South Africa

Posted on 11 February 2025 by Telelaw

Divorce Certificate – Legal Services and Advice Cape Town South Africa

Newlands – New Water Collection Point in Newlands Cape Town
[caption id="attachment_6323" align="alignleft" width="300"] New Water Collection Point Taps – Newlands Cape Town[/caption] The water crisis in the Western Cape is still upon us. Other than limiting our water usage, the majority of Cape Town ratepayers had to drill deep into their pockets to pay for the water they consumed. For many, no matter how little water they consume, they pay more for water now, than ever before. The crisis is affecting our pockets. Since the water crisis, residents have resorted to alternative means of acquiring and saving water. Some are using boreholes, others JoJo tanks, and others collecting water from various springs around Cape Town. One popular area where springs are in abundance, is Newlands, Cape Town. Since recently, people collected water from two points in Newlands. Now there is an additional collection point available to the public, situated behind the Newlands Swimming Baths, in Cape Town. Look at the picture above, can you see the empty swimming pools? [caption id="attachment_6316" align="alignleft" width="300"] View from the parking lot at the new Water Collecting Point, Newlands, Cape Town[/caption]
When did the new Water Collection Point Open?
The new water collection point opened its doors (or taps) to the public on Wednesday 9 May 2018. We, however, presume that it was only officially open the following day. Don’t quote us on that. Not many people know of it yet. A visit to the location on Friday morning, at 5:40, while doing a run, woke up the security guard on duty. It was clear he was new to his job and was a bit startled. Needless to say, we were welcomed to use the taps. We thought it was best to first check out the new location, before coming with our buckets, bottles and wheelbarrows to collect water. [caption id="attachment_6322" align="alignleft" width="300"] Parking Lot at the new New Spring Water Collection Point, Newlands, Cape Town[/caption]
Where is the new Water Collection Point Situated?
This new Water Collection Point is situated behind the Newlands Swimming Pools. The pools are currently empty. One would wonder why not fill the pools up with spring water? After all, there is an abundance of it, and its free. Let’s leave that thought again for summer. To get to the new location, you have to drive from Claremont, southwards, towards Cape Town, with Newlands Baths on your left. As you pass the Baths, you would soon see a turn off to your left, taking you into the parking lot of the new collection point. There seems to be ample parking. However, with this water crisis still looming, congestion is expected in the near future. When we visited the location this afternoon, to take some pictures (from our phone – who moves around these days with a camera?), they were busy with some maintenance work at the entrance. It seems as if they were cutting some branches, making way for the parking. The picture collaborates with our assumption. We guess in the next few weeks, security will be more visible on the post. [caption id="attachment_6317" align="alignleft" width="300"] Drive into the new Spring Water Collection Point – Close to Spur[/caption]
What are the operating times?
According to the banner on display, the operating times are from 05:00 until 23:00. So, if you are an early bird (like us), or late sleeper (or both), they cater for you. The current operating water collection points in Newlands are open 24/7. This may come to an end soon. We were advised by security that they expect approximately 5000, yes five thousand visitors a day. We suggest that you consider parking at the Parking Lot of Newlands Baths, should you decide to collect during peak times. The only problem with that is, you would have to walk about 200 meters to your vehicle with bottles in your hands. Unless you have a trolley, that may not be an issue. We presume many entrepreneurs would be nearby assisting people with their water carrying for a small fee. Otherwise, use it as your weekly workout session.

The new Water Collection Taps at Newlands Cape Town
Can one drink the water?
According to the banner on display (it may be clear in one of the pictures); you use the water at your own risk. That is a good disclaimer. We were however advised by the security on site that it is the same water the comes from the taps of the sister springs. It was said that the municipality will manage the new taps, so I guess a disclaimer is essential. Should your tummy ever cramp, remember the disclaimer before speaking to your lawyer. And no, we are not the City’s lawyers. [caption id="attachment_6320" align="alignleft" width="300"] View to 8 taps on the North Facing Side of the Collection Point[/caption]
How much can you collect?
The rules are the same as at the other springs, 25 litres of water per person. So, bring with all your kids, neighbours and friends and make an outing of it. Unless the law changes, pets do not count as persons for the purposes of water collection (fee legal advice). If you have time available, fill up a 25-litre container, take it to your car, and then stand in the queue again. That might save you a few trips to Newlands. [caption id="attachment_6318" align="alignleft" width="300"] Newlands Springs Collection Point May 2019 – Parking for Water Collectors[/caption]
Things to note
25 Litres per person;
15 minutes of parking;
Wait your turn;
Have loads of patience;
Wheel Clamping;
Use water at your own risk;
Collect from 05:00 until 23:00;
Enjoy the experience
Keep saving water
[caption id="attachment_6332" align="alignleft" width="300"] Water Crises Cape Town Newlands Spring Collection Point[/caption] If you have any comments, please feel free to post it below. Also, have a look at a previous article on World Water Day. If you want some insight into the law, read this article:
YOUR HUMAN RIGHT TO DRINKING WATER: A BRIEF CONSTITUTIONAL PERSPECTIVE

HAPPY WATER COLLECTING – OUR LAWYER WATER WARRIORS

Posted on 11 February 2025 by Telelaw

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

Posted on 11 February 2025 by Telelaw

Best advice on finding a top divorce lawyer for your divorce case in Parow, Cape Town
Do you live in Parow, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Parow or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Parow or anywhere else in South Africa. The issues we shall deal with are the following.
Gender of the Advocate or attorney;
Location of the Advocate or attorney;
Experience of the Advocate or attorney;
Costs of the Advocate or Attorney; and
The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.
What is the ideal office location of the Advocate or attorney? Does it have to be in Parow?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.
What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.
What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.
What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.
What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on 11 February 2025 by Telelaw