Execute and Register your Ante-nuptial or Prenuptial Contract

Marriage is a big step for any two people to take. It is the start of a life together. Getting married is further a legal act where the law affords a married couple with certain rights and responsibilities. For example, the couple has a legal obligation to maintain each other. They may further not marry anyone else whilst so married. And of course, where this article comes into play, married spouses, unless they entered into an ante-nuptial, or prenuptial contract, have a joint estate. In short, there is no longer two separate estates, but one estate, belonging to both of them, in undivided shares.

Antenuptial or Prenuptial Contract

An Antenuptial or Prenuptial Contract is a legal contract, entered into between you and your intended spouse, outlining the matrimonial property regime, and any property or assets to be included or excluded therein. It is drafted and then executed before a Notary Public. The contract would then be registered at the Deeds Office. Remember, it must be executed before you get married either by you and your spouse or a person having a special power of attorney. If it is not done before you get married, you would be married in community of property. The only way to change that would be to approach the High Court for consent to change it. That can be very expensive.

Out of Community of Property

Now let’s say, you and your intended spouse do not want to have one estate, but continue having your own estates while you are so married. This would be useful if you are a business person. Should things go bad for one spouse, then only that estate would be affected. For example, in the case of insolvency, the creditor would only be able to sequestrate your personal estate and not that of the other. And if things go well, and you get hold of some wealth, the wealth would only belong to you and not your spouse. Should you divorce your spouse, then you walk away with only that what you own. For the latter scenario to apply, you should get married Out of Community of Property with the exclusion of the accrual regime. And for that, you need to enter into an antenuptial, or prenuptial contract with your spouse before you get married. Marriage Contract - Antenuptial - Prenuptial Agreement

Accrual Regime

Now let’s say you want to have two separate estates during your marriage. Should your spouse die, or you get divorced, you want to benefit from your spouse’s estate. In other words, you want to get half the difference between the two estates. If you want this to apply at divorce or death, then you need to enter into an antenuptial contract before you get married.

Antenuptial or Prenuptial Contract Registration

Experience taught us the many people leave this important aspect of their marriage until the very last. This is not a good idea as you do not want to rush into this. We offer professional and confidential advice to clients on the legal aspects in relation to ante-nuptial contracts. We would further draft your prenuptial contract and arrange with a Notary Public to execute and register it. You and your intended spouse any either meet with the Notary Public yourselves or provide a special power of attorney.

What does our prenuptial service include?

Our antenuptial contract service may include the following, depending on your requirements:
  • Basic and simplified advice on the three matrimonial property regimes;
  • The basic law on antenuptial contracts;
  • Drafting your antenuptial contract which you and your spouse are happy with;
  • Execution of your prenuptial contract with a Notary Public; and
  • The Registration of your ante-nuptial contract.
We want to make sure that you know what you are getting yourself in, as the agreement would regulate the proprietary aspect, for the entire duration of your marriage. This is the most important and referred to the document, during your marriage. Knowing the law always brings peace of mind. And with us, family matters. Kindly proceed with making payment to start the process. Once you have made the payment, sit back and wait for us to contact you once we received notification of payment. You may also proceed with completing the Online Antenuptial Contract Registration Form. Please note that our operating hours are from Monday to Friday from 09:00 to 16:00, excluding public holidays. You are also welcome to contact us during our operating hours on 0211110090. Marriage Contract - Antenuptial - Prenuptial Agreement    
Posted on by Telelaw

Execute and Register your Ante-nuptial or Prenuptial Contract

Marriage is a big step for any two people to take. It is the start of a life together. Getting married is further a legal act where the law affords a married couple with certain rights and responsibilities. For example, the couple has a legal obligation to maintain each other. They may further not marry anyone else whilst so married. And of course, where this article comes into play, married spouses, unless they entered into an ante-nuptial, or prenuptial contract, have a joint estate. In short, there is no longer two separate estates, but one estate, belonging to both of them, in undivided shares.

Antenuptial or Prenuptial Contract

An Antenuptial or Prenuptial Contract is a legal contract, entered into between you and your intended spouse, outlining the matrimonial property regime, and any property or assets to be included or excluded therein. It is drafted and then executed before a Notary Public. The contract would then be registered at the Deeds Office. Remember, it must be executed before you get married either by you and your spouse or a person having a special power of attorney. If it is not done before you get married, you would be married in community of property. The only way to change that would be to approach the High Court for consent to change it. That can be very expensive.

Out of Community of Property

Now let’s say, you and your intended spouse do not want to have one estate, but continue having your own estates while you are so married. This would be useful if you are a business person. Should things go bad for one spouse, then only that estate would be affected. For example, in the case of insolvency, the creditor would only be able to sequestrate your personal estate and not that of the other.

And if things go well, and you get hold of some wealth, the wealth would only belong to you and not your spouse. Should you divorce your spouse, then you walk away with only that what you own. For the latter scenario to apply, you should get married Out of Community of Property with the exclusion of the accrual regime. And for that, you need to enter into an antenuptial, or prenuptial contract with your spouse before you get married.

Marriage Contract - Antenuptial - Prenuptial Agreement

Accrual Regime

Now let’s say you want to have two separate estates during your marriage. Should your spouse die, or you get divorced, you want to benefit from your spouse’s estate. In other words, you want to get half the difference between the two estates. If you want this to apply at divorce or death, then you need to enter into an antenuptial contract before you get married.

Antenuptial or Prenuptial Contract Registration

Experience taught us the many people leave this important aspect of their marriage until the very last. This is not a good idea as you do not want to rush into this. We offer professional and confidential advice to clients on the legal aspects in relation to ante-nuptial contracts. We would further draft your prenuptial contract and arrange with a Notary Public to execute and register it. You and your intended spouse any either meet with the Notary Public yourselves or provide a special power of attorney.

What does our prenuptial service include?

Our antenuptial contract service may include the following, depending on your requirements:

  • Basic and simplified advice on the three matrimonial property regimes;
  • The basic law on antenuptial contracts;
  • Drafting your antenuptial contract which you and your spouse are happy with;
  • Execution of your prenuptial contract with a Notary Public; and
  • The Registration of your ante-nuptial contract.

We want to make sure that you know what you are getting yourself in, as the agreement would regulate the proprietary aspect, for the entire duration of your marriage. This is the most important and referred to the document, during your marriage. Knowing the law always brings peace of mind. And with us, family matters.

Kindly proceed with making payment to start the process. Once you have made the payment, sit back and wait for us to contact you once we received notification of payment. You may also proceed with completing the Online Antenuptial Contract Registration Form.

Please note that our operating hours are from Monday to Friday from 09:00 to 16:00, excluding public holidays. You are also welcome to contact us during our operating hours on 0211110090.

Marriage Contract - Antenuptial - Prenuptial Agreement

 

 

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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Polokwane.

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 Polokwane

Whether you claim child maintenance in Polokwane, 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 Polokwane.

The maintenance scenario – Polokwane South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Polokwane
  2. The child is cared for by the mother who works in Polokwane
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Polokwane
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. 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 Polokwane, it would be the maintenance court in Polokwane. 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 Polokwane, 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 Polokwane Maintenance Court?

Once you have been notified of the maintenance court date by the Polokwane 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 Polokwane?

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 Polokwane 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 Polokwane 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, Polokwane, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Posted on by Telelaw

Advocate Muhammad Abduroaf: The Unwavering Ally in the Appeals Process

The legal landscape can be a challenging terrain, especially for those who have faced unfair treatment in court and suffered the disappointment of a lost case. However, when it comes to appealing this outcome, the path to justice can be navigated with certainty and strength, especially with the expert guidance of Advocate Muhammad Abduroaf. A fighter for rights he is unwavering in his commitment to securing justice for his clients.

Demystifying the Appeals Process

Understanding the appeals process is crucial for anyone considering an appeal. It is important to note that an appeal is not a mere reiteration of the original trial; it is a powerful challenge to the decision rendered by a lower court. The appellate court meticulously reviews the trial proceedings to identify significant legal errors that influenced the outcome. With Advocate Abduroaf by your side, you can approach this process with confidence, knowing you have an expert who understands the intricacies of appellate law.

Rigorous Case Review

When you enlist Advocate Abduroaf’s services, the first step is a comprehensive review of your original case. This isn’t just a cursory glance—it’s an in-depth examination of court transcripts, evidence, and legal arguments. Advocate Abduroaf identifies precise grounds for appeal, whether they involve misapplication of the law, procedural irregularities, or issues with the sufficiency of evidence. His sharp analytical skills will illuminate critical points that could turn the tide in your favor.

Crafting a Compelling Appeal

With the foundation laid, Advocate Abduroaf expertly handles the creation of the appeal itself. The notice of appeal is not just a formality; it must be meticulously crafted to include specific decisions, grounds for appeal, and desired outcomes. Advocate Abduroaf specializes in drafting documents that seize attention and assert a compelling case for reconsideration. His ability to distill complex legal arguments into clear, impactful writing serves as a powerful tool in persuading the appellate court.

Leveraging Legal Research and Precedents

Success in appeals often hinges on establishing a robust legal framework. Advocate Abduroaf employs a comprehensive approach to research that digs deep into relevant case law and annotations. By integrating precedents that echo your situation, he builds a formidable foundation for your appeal. This level of preparation not only strengthens your case but also reflects Advocate Abduroaf’s authoritative grasp of the law—something that resonates with appellate judges.

Expert Representation in Court

The culmination of the appeals process often leads to a critical hearing, and this is where Advocate Abduroaf shines as an exceptional oral advocate. With unparalleled confidence and poise, he presents your case before the appellate judges. His sharp intellect allows him to navigate complex questions, effectively counter opposing arguments, and communicate your position with clarity and conviction. Having Advocate Abduroaf in your corner means fighting with a seasoned warrior prepared to defend your rights at every turn.

Providing Constant Support

Appealing a case is not only a legal challenge; it is also an emotional journey. Advocate Abduroaf understands the pressures involved and offers steadfast support and guidance throughout the entire process. He fosters open communication and ensures you remain informed and engaged, cultivating an empowering partnership that allows you to face the legal battle head-on.

Navigating Legal Complexities with Precision

The appellate process is inherently complex, filled with stringent deadlines and procedural requirements that must be meticulously followed. Advocate Abduroaf’s breadth of experience means he knows these intricacies inside and out. He ensures that every filing is executed accurately and on time, thereby eliminating potential traps that could jeopardize your appeal. Anticipating obstacles and devising strategies to mitigate them is an integral part of his approach, keeping your case on the path to success.

Final Thoughts

In summary, Advocate Muhammad Abduroaf stands as an unwavering ally in the pursuit of justice through the appeals process. His relentless dedication, tactical acumen, and expert representation ensure a formidable challenge against any unjust court ruling. Choosing the right advocate is critical for the success of your appeal, and Advocate Abduroaf’s track record speaks volumes about his ability to achieve favorable outcomes. If you’ve faced injustice, aligning yourself with Advocate Muhammad Abduroaf could very well be your strongest move in reclaiming your rights and obtaining the justice you deserve. The path may be challenging, but with him by your side, you can pursue it with confidence and determination.

Posted on by Telelaw

Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation

Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates the equitable division of joint assets, which can range from pension funds, bank accounts to real estate and personal possessions. This aspect alone can become quite intricate, requiring careful consideration of each party’s contributions and entitlements.

Issues involved in a divorce

Moreover, if minor children are part of the equation, the divorce order must comprehensively address several important issues. These issues include guardianship, and decision-making authority, as well as custody arrangements that outline where the children will reside. Additionally, visitation rights need to be established to define how and when the non-custodial parent can spend time with the children. Finally, child maintenance must be determined to ensure that both parents contribute fairly to the children’s upbringing, covering expenses such as schooling, healthcare, and daily living costs. In some cases, spousal maintenance or alimony may also be applicable, depending on the financial circumstances of both parties.

Getting divorced is not straightforward

Given these various considerations, getting divorced is not a straightforward task and requires diligent planning and foresight. Rushing into a divorce without thorough examination of the implications can lead to regrettable outcomes, such as forfeiting valuable assets or failing to secure adequate financial support for oneself or one’s children. It is particularly concerning if a party agrees to unfavorable terms regarding contact rights with their children or maintenance for their shared expenses, all in the pursuit of a quick resolution.

Best Way to Get Divorced Quickly

If you and your spouse are seeking to finalize your divorce as quickly as possible, one of the most effective strategies is to approach a divorce attorney or advocate together. It is essential that both parties participate in the initial meeting with the lawyer to ensure transparency and open communication. Meeting separately or having one spouse relayed information later can lead to misunderstandings and may hinder the process.

Schedule a Joint Consultation

During this joint consultation, both parties have the opportunity to ask questions and present all relevant information regarding the financial aspects of the marriage, including assets, debts, and income, as well as details concerning any minor children. This collaborative approach allows the attorney or advocate to ask pointed questions, gather necessary information from both spouses simultaneously, and clarify any potential issues right away.

Drafting the neccessary Court documents

Once the attorney or advocate has collected all pertinent information and clearly explained the divorce process and its implications, they can swiftly proceed to draft the necessary court documents. This includes preparing the divorce summons and any other required forms to initiate the legal proceedings. The attorney or advocate will then file these documents with the court and arrange for them to be served to the other spouse. Following this, they will apply for a court date to finalize the divorce.

It is best to be proactive

By taking this proactive and collaborative approach, couples can significantly streamline the divorce process, reducing stress and ensuring that all legal requirements are met efficiently and professionally. If you wish to consult with us on your divorce, please complete the form below.    

Posted on by Telelaw

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