divorce, uncontested divorce, unopposed divorce, child maintenance, child custody, Cape Tow
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Commonly asked questions about divorce in South Africa.
The South African Courts are granting divorces to people on a daily basis. Some divorces were initiated a few weeks ago, and others go back several years. The distinction between couples who obtained a divorce in a matter of weeks and those who waited for years is straightforward. Those who chose to wait a few weeks realised that fighting was futile, and by getting divorced sooner, they could move on with their lives more quickly.Our unopposed divorce service
If your marriage has broken down and you and your spouse agree to get divorced, talk to us about your uncontested divorce options. We guarantee that your divorce will be resolved swiftly and with minimal stress and anxiety. Here are some frequently asked questions about divorce. If you have any particular questions, don’t hesitate to schedule a consultation with us.What are the costs of an unopposed divorce?
The costs of an unopposed divorce would vary. That would depend on the law firm and the issues involved. We offer an unopposed divorce at a fixed fee.What questions to ask when considering divorce?
The most important question to ask when considering divorce is whether your marriage can be saved. If your marriage cannot be saved, then a divorce may be the best thing for you.What is the requirement for a divorce in Court?
For a court to divorce you, the Court has to be convinced on a few aspects. They relate to the issue or jurisdiction; you are married, and the marriage has broken down irretrievably. If there are minor children involved, the Court would want to be convinced that their best interests are being upheld.What is the biggest challenge of divorce?
The biggest challenge in divorce is for the parties to accept that their marriage is over.What not to do when asking for a divorce?
Do not agree on things you may regret later—for example, agreeing to relinquish assets you may want to keep.What to do before telling your spouse you want a divorce?
Make sure you want a divorce.What to do before telling your wife you want a divorce?
Make sure you want a divorce.What is the first step when you want a divorce?
It would be best if you saw a lawyer.What are my rights as a wife in a divorce in South Africa?
If you were maintained by your husband during the marriage, you may have a right to personal maintenance or alimony.How do I start a divorce process?
The divorce process starts with a Summons.How much does divorce cost in South Africa?
It can range from a few thousand rands. You can also do it yourself for free.How long does a divorce take in South Africa?
I can take a few weeks if it is unopposed or a few years if opposed. It depends on the Court as well. Some courts are very busy.What is the first step to divorce in South Africa?
It is to institute if at Court.What is a free divorce in South Africa?
It is where you do not make use of a lawyer. You can do the divorce yourself.How can I speed up my divorce in South Africa?
Try to settle the divorce.What happens to the provident fund when you divorce?
If you are married in a community of property, the non-member spouse should receive half.How much is a wife entitled to in a divorce pension?
If you are married in a community of property, the wife is entitled to half.How long after divorce can you remarry in South Africa?
Immediately.Can I claim my husband’s pension after the divorce in South Africa?
Yes, you can.What is spousal maintenance in South Africa?
It is where your spouse has to continue supporting you after the marriage.How long does a pension fund take to pay out after divorce?
Usually between two to three months.How long does it take to get money from GEPF after divorce?
It is best to contact them. However, it is estimated to take about two to three months.Does GEPF pay a lump sum?
They should pay what the divorce order says.Who qualifies for GEPF?
A spouse is someone who is married to the member.How do I claim my spouse’s pension after divorce?
You should claim before the divorce. If after, you must approach the Court.What are the spousal benefits of GEPF?
You should contact them.How is the Gepf payout calculated?
You should contact them.What is the final salary for Gepf?
You should contact them.How much is a lump sum from the final salary pension?
It will usually be 50 % if you are married in a community of property.Can my wife claim half of my pension?
Yes.How is spouse pension calculated?
It is calculated at the value of the divorce.How can I check my GEPF balance?
Contact them.What is rule 43 in South Africa for divorce?
It is a procedure in the High Court where you claim child maintenance, custody or contribution towards legal costs pending the divorce finalisation.Who loses the most in a divorce?
The children, if the parties keep fighting.Do I have to support my wife after the divorce?
No, unless a court orders you to do so.What are the stages of divorce for a woman?
There are no specific stages.How do I decide when to divorce?
If your marriage has broken down and cannot be saved.What is the number 1 reason for divorce?
Parties are incompatible.What are the three effects of divorce?
It varies between people.Who initiates divorce more?
One would have to look at the divorce statistics.Can a divorce be denied in South Africa?
Yes, it can.What should I ask myself before divorce?
Can the marriage be saved?What are the disadvantages of divorce?
You are no longer together as a family unit.What should you think about before divorce?
Can the marriage relationship be saved?What to do before telling your spouse you want a divorce?
Speak to a divorce lawyer.What to do before telling your wife you want a divorce?
Speak to a divorce lawyer.Why should you never bring up divorce?
You should only bring it up if the marriage has broken down.What are my rights as a wife in a divorce in South Africa?
You have a right to alimony if you can prove your claim.What is the pensionable salary?
A salary where the pension is paid.How is pension calculated?
It would be best if you spoke to your employer.What is the rule 58 in divorce?
It is where you claim interim maintenance, custody or a contribution towards costs in the magistrates court.Is everything split 50-50 in a divorce in South Africa?
Only if you are married in a community of property.What happens to the provident fund when you divorce?
If you are married in a community of property, the non-member spouse will receive half the value as of the date of the divorce.How much tax do you pay on a divorce settlement in South Africa?
You should speak to an accountant.What documents are needed for divorce in South Africa?
Marriage certificate for the Court.How much does it cost to file for divorce in SA?
From free to a few thousand.What is a free divorce in South Africa?
It is where you do it yourself, or a lawyer does not charge you.How long does it take to Finalise a divorce in South Africa?
From a few weeks if all is agreed upon to a few years if the parties cannot.How long after divorce can you remarry in South Africa?
Immediately.Who should file for divorce first in South Africa?
Any spouse.Who gets custody of the child in divorce in South Africa?
The parent that can best care for the child.
Posted on by Telelaw
Family Legal Products
Our law offices boast a well-renowned family and business legal consultancy that aims at offering professional legal advice and guidance where necessary. We offer the following legal services which comes with an estimated cost for our legal products:
| Ante-nuptial Contracts | R 2 100 – 00 |
| Basic Will Drafting | R 1 000 – 00 |
| Email Legal Advice (per question) | R 299 – 00 |
| Family Trust Registration | R 7500 – 00 |
| Shariah Will Drafting | R 950 – 00 |
| Unopposed Divorces | R 9500 – 00 |
Business legal services
Are you a business owner or self-starting business enthusiast? For many, starting a business or taking that first step can be extremely daunting. We understand this – which is why we have made business legal guidance available at our law offices for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:- Business Legal Support
- Business Legislation Compliance
- Drafting of Business Contacts
- Drafting Employment Contacts
- Business Legal Training
- Private and Non Profit Company Registrations
- Credit Profiles
- Business Trusts Registration
Family Trust Registrations
The objective of a trust is to help manage your assets more efficiently. A trust allows you to dictate how and when you would want your assets to be distributed. Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:- Understand why you are setting up the trust: think about the purpose of the trust.
- What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
- Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
- Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
- Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
- Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
Family Trust VS your Last Will and Testament
First of all, a will is a written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. For professional legal drafting of a Will, do feel free to call our our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Connect with us! Posted on by Telelaw
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Vanderbijlpark.
Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.
Claiming child maintenance for your child in Vanderbijlpark
Whether you claim child maintenance in Vanderbijlpark, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Vanderbijlpark.
The maintenance scenario – Vanderbijlpark South Africa
In this article, we will deal with the following fictitious scenario, in a child maintenance matter:
- The Child is seven years old and attends school in Vanderbijlpark
- The child is cared for by the mother who works in Vanderbijlpark
- The mother works and earns a Salary of R 10 000
- The father sees the child every second weekend. He also lives and works in Vanderbijlpark
- The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
- The father earns a reasonable salary and can afford the R 20 000 – 00 per month
- The mother claims R 4 000 – 00 maintenance as the father earns double her salary
What is the first step the mother must take in claiming child maintenance?
The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.
How does she start the legal process?
The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Vanderbijlpark, it would be the maintenance court in Vanderbijlpark. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.
What do you do while waiting for the maintenance court date?
While you wait to be informed of the court date by the Maintenance Court of Vanderbijlpark, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.
What happens at the first court appearance at the Vanderbijlpark Maintenance Court?
Once you have been notified of the maintenance court date by the Vanderbijlpark Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.
The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.
How does the Maintenance Court hearing or trial work in Vanderbijlpark?
Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.
At the end of the day, the Vanderbijlpark Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Vanderbijlpark Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.
The above child maintenance application principles 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, Vanderbijlpark, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Posted on by Telelaw