Divorce Court Cape Town

Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. [caption id="attachment_4360" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] Divorces are most likely to take place in the High Court.  This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court.

Uncontested divorce in South Africa

There are two types of divorces which calls for different divorce processes:
  • Contested or opposed divorce and
  • the uncontested or unopposed
[caption id="attachment_4362" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested divorce on the other hand, can take years. An uncontested divorce simply means that both parties agrees with the terms and conditions of the divorce as well as the attorney. On the other hand, a contested divorce take place when parties are not on the same page and cannot find a mutual ground. Because of this, the divorce will have to undergo significant stages such as pleadings, trial applications, trial, judgment and so forth. For more information on divorce, click on the following links below: Feel free to call our offices and have your online appointment made for you for a professional legal consultation today. See our legal services for price listings. [caption id="attachment_4363" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] Bear in mind that a legal consultation will have to take place first before any legal advice can be given. It is only through the legal consultation that the legal expert will know what the legal matter is all about.

Questions to ask a divorce Attorney on first visit

During your legal consultation with us, you may have many questions about the forward with your divorce. The legal expert will clarify all your questions. The most common questions we often faced with are:
  • Your legal rights regarding the divorce
  • Maintenance matters
  • Child custody matters
  • How long does it take to get a divorce?
  • How long does it take for a divorce to be finalized?
  • Splitting of assets
  • Protection order in a case of violence and abuse etc
[caption id="attachment_4364" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] All of the above are relevant questions to the matter at hand and should be addressed head on with the guidance of the family law legal expert.

How do I go about a divorce in South Africa?

The high court will grant a divorce order after. For the Regional Court of the Magistrate, you will need to serve a summons before starting the divorce process. [caption id="attachment_4385" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] At Our Lawyer Pty Ltd, we have dealt with a number of divorce matters with different circumstances. Depending on the nature of the divorce, the family legal expert will be assessing the situation and then advise you on the best way forward. Our Legal expert has years of experiences in divorce, child maintenance and child custody legal matters. For a good Attorney or legal expert, feel free to call our offices for an online appointment for a legal consultation.  We are conveniently situated in the heart of the buzzing CBD – you can find us at Suit 702, 7th Floor, The Pinnacle on the corner of Strand and Burg Street, Western Cape, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best.

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_4390" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [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!
Posted on by Telelaw

Divorce Court Cape Town

Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court.

Call us on: 0211110090
Email: [email protected]

Divorces are most likely to take place in the High Court.  This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court.

Uncontested divorce in South Africa

There are two types of divorces which calls for different divorce processes:

  • Contested or opposed divorce and
  • the uncontested or unopposed
Call us on: 0211110090
Email: [email protected]

We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested divorce on the other hand, can take years.

An uncontested divorce simply means that both parties agrees with the terms and conditions of the divorce as well as the attorney.

On the other hand, a contested divorce take place when parties are not on the same page and cannot find a mutual ground. Because of this, the divorce will have to undergo significant stages such as pleadings, trial applications, trial, judgment and so forth.

For more information on divorce, click on the following links below:

Feel free to call our offices and have your online appointment made for you for a professional legal consultation today. See our legal services for price listings.

Call us on: 0211110090
Email: [email protected]

Bear in mind that a legal consultation will have to take place first before any legal advice can be given. It is only through the legal consultation that the legal expert will know what the legal matter is all about.

Questions to ask a divorce Attorney on first visit

During your legal consultation with us, you may have many questions about the forward with your divorce. The legal expert will clarify all your questions. The most common questions we often faced with are:

  • Your legal rights regarding the divorce
  • Maintenance matters
  • Child custody matters
  • How long does it take to get a divorce?
  • How long does it take for a divorce to be finalized?
  • Splitting of assets
  • Protection order in a case of violence and abuse etc
Call us on: 0211110090
Email: [email protected]

All of the above are relevant questions to the matter at hand and should be addressed head on with the guidance of the family law legal expert.

How do I go about a divorce in South Africa?

The high court will grant a divorce order after. For the Regional Court of the Magistrate, you will need to serve a summons before starting the divorce process.

Call our offices on: 0211110090
Email: [email protected]

At Our Lawyer Pty Ltd, we have dealt with a number of divorce matters with different circumstances. Depending on the nature of the divorce, the family legal expert will be assessing the situation and then advise you on the best way forward.

Our Legal expert has years of experiences in divorce, child maintenance and child custody legal matters. For a good Attorney or legal expert, feel free to call our offices for an online appointment for a legal consultation.  We are conveniently situated in the heart of the buzzing CBD – you can find us at Suit 702, 7th Floor, The Pinnacle on the corner of Strand and Burg Street, Western Cape, South Africa.

Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best.

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.

Call our offices on: 0211110090
Email: [email protected]

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!

Related Post

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Rustenburg Children’s Court

  Family law legal matters can be very stressful. This is so whether you live in Rustenburg 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 Rustenburg. 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 Rustenburg or any other city in South Africa.

What to do before visiting the Rustenburg Children’s Court

Before you approach the Children’s Court in Rustenburg, 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. Rustenburg 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 Rustenburg 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 Rustenburg Children’s Court

The Rustenburg Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Rustenburg 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 Rustenburg 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 Rustenburg. 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 Rustenburg Children’s Court

Once you complete the Form A and submit it to the Clerk of the Rustenburg 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 Rustenburg 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 Rustenburg Children’s Court

Once the Rustenburg 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 Rustenburg 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, Rustenburg, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry.

On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73.  The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry.

Factual Background of the Case

This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017. On 22 December 2017, the magistrate delivered his written judgment. Therein he made an order that the Respondent (the father) should pay child maintenance in the sum of R1 000 – 00 per month. The mother was not happy with the award and appealed it. Advocate Abduroaf accordingly argued the matter before the Full Bench. Judgement was delivered on 06 August 2019. Herewith is an extract of the Judgment where the Appeal court quoted Advocate Abduroaf: [caption id="attachment_8370" align="alignleft" width="1499"]Judgment - Appeal - Advocate Muhammad Abduroaf Judgment – Appeal – Advocate Muhammad Abduroaf[/caption] At the end the Appeal court made the ruling in favour of the mother. As follows: [caption id="attachment_8369" align="alignleft" width="1584"] Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown[/caption]   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 by Telelaw

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