domestic violence, protection order, restraining order, abuse, Cape Town
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Frequently Asked Questions on Divorce – Cape Town South Africa
How long does it take to get an uncontested divorce in South Africa?
If the parties are in agreement to the divorce, and sign a consent paper or settlement agreement, it can take about 4 weeks. However, if they cannot come to an agreement on all aspects, for example, child maintenance and custody, then it can take about a year. This is if all goes well an no party tries to delay the process.How long does it take to get an amicable divorce?
It all depend on the parties. If it is indeed amicable, then approximately four weeks. It is best to have a lawyer assist in the process. However, you can do it DIY. How much does it cost to get a divorce?
The Courts do not charge for a divorce. However, if you decide to do a divorce on your own, then it would be free. The only costs would be that which you pay the Sheriff to serve the summons on the other party.How long will it take for a divorce to be final?
It depends on when the hearing date of the divorce is. It can take a few weeks, or a year or so.How long does it take to get a divorce decree in the mail?
Divorce decrees are not posted to you by the Court. You would have to collect it from the Court.How much does it cost to get an uncontested divorce in South Africa?
If you make use of an attorney, the costs could be around R 5000 – 00 to R 20 000 – 00 depending on how much work could be involved. However, there are places that charge a lessor fee. Look around.Why does it take so long to get a divorce?
Is there a waiting period for a divorce in Cape Town?
You can get divorced in the Family Court or the High Court. Depending on whether you and your spouse agrees on the terms of the divorce, it can take quick. However, if it must proceed to Trial, it can take about a few months to get a date.How long do you have to wait to get married after a divorce in South Africa?
You can get married immediately. How long does it take to get a divorce in Cape Town if both parties agree?
It can take about four weeks. How long does it take to get a divorce in Cape Town if you are legally separated?
It can take about four weeks.Do you have to be separated before you can get a divorce in Cape Town?
No, you do not have to be separated. The marriage should have irretrievably broken down.How long does it take to get a divorce if both parties agree?
About 4 weeks.How much does it cost to get a divorce in Cape Town?
Depending on your lawyer, about R 5 000 – 00 to R 20 000 – 00 .What is a notice of entry of judgment in a divorce?
This does not Apply to South Africa.How long do you have to wait to get married after a divorce?
You may get married to next day.
Posted on by Telelaw
Relocation with my minor child to United States of America, Las Vegas (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Las Vegas, United States of America
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Nelspruit or Mahikeng, South Africa, and you want to relocate to Las Vegas, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Las Vegas, United States?
The same applies when it comes to your minor child applying for a South African passport to relocate to United States, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Las Vegas, United States with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Las Vegas, United States. What can I do if the other parent does not want to consent to the minor child’s relocation to Las Vegas, United States of America?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Las Vegas, United States, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Las Vegas, United States. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Las Vegas, United States of America, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Las Vegas, United States of America?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Las Vegas, United States of America – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Las Vegas, United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Las Vegas, United States of America
If you require legal assistance or representation with relocating to Las Vegas, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Posted on by Telelaw