Do you require a property lawyer to assist you with the purchase, sale or renting of property or wind up a deceased estate?

Complete the online form below should you require the following services, or leave a comment below:

Purchasing or Selling of Property

For this you would require the following:

Transferring Attorneys

They transfer the property from the seller to the buyer. They represent the seller in the process who appoints them.

Leasing and Letting of Property

Property Attorneys

They would assist in drafting short-term and long-term lease agreements.

Deceased Estates

If someone passes away, their estate must be wound up. If there is property involved, it is advisable to have a property lawyer act as executor and wind up the estate.   [ninja_form id=52]
Posted on by Telelaw

Do you require a property lawyer to assist you with the purchase, sale or renting of property or wind up a deceased estate?

Complete the online form below should you require the following services, or leave a comment below:

Purchasing or Selling of Property

For this you would require the following:

Transferring Attorneys

They transfer the property from the seller to the buyer.
They represent the seller in the process who appoints them.

Leasing and Letting of Property

Property Attorneys

They would assist in drafting short-term and long-term lease agreements.

Deceased Estates

If someone passes away, their estate must be wound up. If there is property involved, it is advisable to have a property lawyer act as executor and wind up the estate.

 

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Appeals and Reviews – How does it work?

Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.

The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.

 

Getting Legal Assistance with Appeals

If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

 

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Posted on by Telelaw

I intend to leave South Africa and relocate with my minor child of the National Lockdown. What do I need to be aware of? Have a look at the checklist below.

With Covid-19 and the National Lockdown in South Africa, many things have changed. People re-looked their lives and started thinking differently about the future. As international travel is phasing in, relocating to another country may be something you have strongly considered. Now can you do it with your minor child?

Reasons people relocate to other countries

There is no reason to only live in one country for your entire life. Your work or partner in life may force you to leave South Africa and relocate to another country. Many people relocate to the United States of America, United Kingdom, Asia, and the Middle East, to mention a few. You may even want to go back to your country of birth.

Relocating with a minor child

When a parent wishes to leave South Africa and relocate to another country with a minor child, there are certain things he or she needs to be aware of. In essence, it is the issue of consent from the other parent or co-guardian. The reason for requiring consent is due to the prescripts of the Children’s Act. Section 18(3) of the Children’s Act states the following:   (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. Sections 18(4) and 18(5) states: (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) . We bolded and underlined section 18(3)(iii) and 18(3)(iv) of the Children’s Act dealing with “(iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport”. So, if you are intending to relocate with your minor child to another country, make sure you comply with the following checklist:

Consent Checklist

Consent for a Passport for the minor child

– Ensure that you have the other parent or guardian’s consent for an application for a passport; – Ensure that the other parent or guardian is willing to accompany you and the minor child to the Department of Home Affairs for the Application for, or renewal of the minor child’s passport. – If the other parent or guardian does not want to give consent for the passport, then you need to approach the Court for the necessary consent. You may want to double-check with the Department of Home Affairs; but since we last checked, they require both parents and the child to be present when applying for the child’s passport. Therefore, a letter or affidavit from the absent parent may not be enough. This can be challenging if the parents live in different provinces.  

Consent for relocation for the minor child

– Ensure that you have the other parent or guardian’s consent for the relocation; – Ensure that the other parent or guardian is willing to provide written consent for the minor child’s removal from the country. The necessary documents may be obtained from the Department of Home Affairs’ website. Download the necessary documents and ensure that you have all your documents in order. It is always a good idea to pay them a visit to ensure that you have all you require. The last thing you want is to board the aeroplane and be told that certain documents are missing. – If the other parent or guardian does not want to give consent for the relocation, then you need to approach the Court for the necessary consent.

Obtaining a court order

We always advise a parent who wishes to relocate overseas with a minor child to have a Court Order outlining the parental responsibilities and rights of both parents in it, as well as certain guardianship rights. For example, the order would outline when and how contact would be exercised, as well as when consent is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol into a school, the order may state that only one parent’s consent is required. t is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol in a school, the order may state that only one parent’s consent is required. 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

Various countries in the world. Which one are you intending to relocate to? Leave a comment below.

Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Congo, Democratic Republic of the Congo, Republic of the Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini (formerly Swaziland) Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece

Grenada Guatemala

Guinea Guinea-Bissau Guyana

Haiti

Honduras Hungary Italy Iceland

India

Indonesia Iran Iraq Ireland

Jamaica Japan Jordan Kazakhstan

Kenya Kiribati Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar (formerly Burma) Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Korea North Macedonia (formerly Macedonia) Norway Oman Pakistan Palau

Palestine Panama

Papua New Guinea Paraguay

Peru Philippines Poland Portugal

Qatar Romania

Russia Rwanda Saint Kitts and Nevis Saint Lucia

Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia

Senegal Serbia

Seychelles Sierra Leone

Singapore Slovakia Slovenia Solomon Islands Somalia South Africa South Korea South Sudan Spain Sri Lanka Sudan Suriname Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates (UAE) United Kingdom (UK) United States of America (USA) Uruguay Uzbekistan Vanuatu Vatican City (Holy See) Venezuela Vietnam Yemen Zambia Zimbabwe

[metaslider id=8162] This article has been updated. 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

Best advice on finding a top divorce lawyer for your divorce case in Camps Bay, Cape Town

Do you live in Camps Bay, 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 Camps Bay 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 Camps bay 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 Camps Bay?

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 by Telelaw

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