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

For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts – which will cost you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you. Once an online appointment has been made for any of the above legal services, whether a telephonic or face to face (depending on client preference), a consultation will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert – as well as the necessary service required. Unfortunately we will not be held responsible for any additional costs required outside the service we offer.

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

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

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.

For more on our legal guidance regarding Trusts, see our Family Trust Registrations page. Bear in mind that a professional legal consultation is vital in understanding the factors at play when offering legal guidance for a Trust. The consultation fee will be deducted from the fixed cost of the Family Trust Registration with us – which comes to a total of R7 500 – 00.

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 11 February 2025 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

Once an online appointment has been made for any of the above legal services, whether a telephonic or face to face (depending on client preference), a consultation will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert – as well as the necessary service required. Unfortunately we will not be held responsible for any additional costs required outside the service we offer.

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

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

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

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!

Appealing a Maintenance Court Decision or Judgment
In its very nature, maintenance matters are complicated and never straight forward. For starters, it deals with the income and expenditure of both parents and the needs of the child. It is not easy for a maintenance court to determine with a high degree of certainty what the true income of a self-employed parent is. The same applies to the true expenses of a parent.

Manipulating the maintenance system

It is very easy for a parent to manipulate documentation or only present information which he or she believes would be in their favor. For example, if a parent earns extra income by selling clothing, he or she may decide not to disclose that information to the maintenance Court. By doing so, the Maintenance Court will determine the maintenance of the child based on the incorrect facts presented. This could become more problematic when one parent knows of the other parent’s additional income but cannot prove it. If the parties have legal representatives, this issue of improper disclosure is limited to a certain extent. For example, lawyers would be in a good position to do their own investigations and verify certain relevant information.

Improper disclosure of expenses

Then there is the issue of the expenses of the child. The court requires a proper outline of all the monthly, daily and yearly expenditure of the child. Without all the relevant information before it, the court is not in a proper position to make a fair decision regarding child maintenance. This is so as the amount of maintenance a parent should pay is directly determined by what is the child’s monthly expenditure. For example, if a parent earns a million rand a month, his or her maintenance contributions can be no more than what the child actually cost per month.

Intentionally inflating expenses

It often happens that a parent cannot, or do not provide a true reflection as to what the child actually cost. Amounts are inflated, and there is no way that the court or the other parent can really question those amounts. Let’s say the mother is taking the father to the Maintenance Court but the father only sees the child once a month. The father, in this case, would not be able to confirm or verify whether or not the child actually eats as much as the mother makes it out to be. And many times, parents come to court with an attitude of “let me claim more and the court will give me less.”

Unhappy with the maintenance magistrate’s decision

Let’s say a maintenance enquiry was held by a maintenance magistrate, and a decision was handed down. Should both parents be happy with the decision of the magistrate, their lives can continue and the party who should pay maintenance should comply with the order. However, it often happens that one parent is not happy with the maintenance order. We often get queries where parents want to know what they can do when the maintenance Court did not find in their favor. Sometimes parents feel that the Maintenance Court was one-sided. In such a case he or she wants the decision of the magistrate to be relooked at. In order for this to happen, the Parent should appeal the decision of the magistrate.

Appealing a maintenance Court decision

The purpose of this article is not to explain the technical procedure of appealing a magistrate’s judgment. The procedure is a bit complicated and we suggest you make use of a legal practitioner to assist you should you wish to appeal a decision. However, what we want to bring home is that it is possible for the decision of a Maintenance Court to be relooked at by a higher Court and provide you with some insight as to what happens. The higher Court, in this case, will be the High Court. If you reside in Cape Town, it is the Western Cape High Court.

What happens at the Appeal Court?

Let’s say all the court rules and procedures were complied with and the matter is now before the Appeal Court. The Appeal Court will comprise of two judges. They would have read through the entire court record in the Magistrate’s Court before the matter is heard. Taking it one step back, all proceedings in the magistrate’s court is digitally recorded. So, when you decide to appeal a decision of the magistrate’s court the recordings are sent to an authorised typist, who would type out the entire Court record. You cannot type out the record yourself.

Heads of Argument

Now before you argue your case at the Appeal Court you would want the judges to first know what your arguments are. At the same time, you would like to know what the other lawyer’s arguments are. In this regard, you would file heads of argument a few weeks before the appeal hearing date. Basically, you will outline what points you will be focusing on, and what law you will be relying on.

You need to convince the Appeal Court there was an error

Your purpose at the appeal is to try to convince the judges that the magistrate erred in his or her decision. In other words, made a mistake. In relation to a maintenance Court matter, you may even wish to convince the court that the maintenance officer did not follow the procedures outlined in the Maintenance Act or he or she did not properly investigate the maintenance complaint. For example, the maintenance officer just took the father’s word when he said he was unemployed. Or the mother’s word when she said she earns no additional income.

Incorrect maintenance investigation

Had the maintenance officer done some further investigations by requesting relevant information, or instructing the maintenance investigator, the true facts would have been before the Maintenance Court. In other words, the magistrate would have made a different decision. Now, this would apply to a maintenance Court where the provisions in-place in the Maintenance Act was not followed. If this happened, you may appeal.

The magistrate’s reasons for his or her decision

The High Court judges would have the magistrate’s reasons for his decision before them. In other words, the magistrate would provide a document to the appeals court where he or she explains why he or she made a certain decision in the Maintenance Court matter. He or she may, for example, say that based upon the evidence presented, the father earned an amount which does not justify him paying more than what he is currently paying. Or the maintenance magistrate might say that based upon all the evidence presented, he could not find any information that will justify an amount greater than what the father is currently paying. The appeal Court would look at all these reasons and the evidence that was presented at court. It would listen to the arguments of the legal representatives and determine whether or not the magistrate made an error in judgment.

The appeals court’s decision

If it is decided that the magistrate made an error in judgment, the court would in those circumstances change the order or refer the matter back to the maintenance court for a proper enquiry. If the court decides that the magistrate was correct in its judgment, it will dismiss the appeal. So in short if you are dissatisfied with a maintenance magistrates court decision, you have full right to appeal it.

Posted on 11 February 2025 by Telelaw

I want to relocate from South Africa to Japan with my minor child. The other parent does not want my child to relocate to Japan. What can I do?
Japan is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Japan, if a minor child will be joining that parent and also relocating to Japan, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Japan. Before we do so, let us list the various cities and towns in Japan to which you may want to relocate: Aichi, Anjō, Atsuta, Gamagōri, Handa, Hekinan, Ichinomiya, Inazawa, Kariya, Kasugai, Komaki, Kōnan, Nagoya, Nishio, Okazaki, Seto, Tokoname, Toyohashi, Toyokawa, Toyota, Akita, Noshiro, Ōdate, Aomori, Aomori, Hachinohe, Hirosaki, Chiba, Chiba, Chōshi, Funabashi, Ichihara, Ichikawa, Kashiwa, Kisarazu, Matsudo, Narashino, Narita, Noda, Sawara, Urayasu, Ehime, Imabari, Matsuyama, Niihama, Saijō, Uwajima, Yawatahama, Fukui, Sabae, Takefu, Tsuruga, Fukuoka, Iizuka, Kitakyūshū, Kurume, Nōgata, Ōkawa, Ōmuta, Tagawa, Fukushima, Aizu-wakamatsu, Iwaki, Kōriyama, Gifu, Gifu, Kakamigahara, Ōgaki, Tajimi, Takayama, Toki, Gumma, Isesaki, Kiryū, Maebashi, Ōta, Takasaki, Tatebayashi, Tomioka, Hiroshima, Fukuyama, Hiroshima, Innoshima, Kure, Mihara, Onomichi, Hokkaido, Asahikawa, Bibai, Chitose, Ebetsu, Hakodate, Iwamizawa, Kitami, Kushiro, Muroran, Nemuro, Noboribetsu, Obihiro, Otaru, Rumoi, Sapporo, Tomakomai, Wakkanai, Yūbari, Hyōgo, Akashi, Akō, Amagasaki, Ashiya, Himeji, Itami, Kakogawa, Kawanishi, Kōbe, Miki, Nishinomiya, Takarazuka, Takasago, Ibaraki, Hitachi, Hitachinaka, Kitaibaraki, Koga, Mito, Shimodate, Tsuchiura, Tsukuba Science City, Ishikawa, Kaga, Kanazawa, Komatsu, Nanao, Iwate, Kamaishi, Miyako, Mizusawa, Morioka, Kagawa, Marugame, Sakaide, Takamatsu, Kagoshima, Kanoya, Sendai, Kanagawa, Atsugi, Chigasaki, Fujisawa, Hadano, Hakone, Hiratsuka, Kamakura, Kawasaki, Miura, Odawara, Sagamihara, Yamato, Yokohama, Yokosuka, Kōchi, Kumamoto, Arao, Kumamoto, Minamata, Yatsushiro, Kyōto, Kyōto, Maizuru, Uji, Mie, Ise, Kuwana, Matsuzaka, Suzuka, Tsu, Ueno, Yokkaichi, Miyagi, Ishinomaki, Kesennuma, Sendai, Shiogama, Miyazaki, Miyakonojō, Miyazaki, Nichinan, Nobeoka, Nagano, Matsumoto, Nagano, Okaya, Suwa, Ueda, Nagasaki, Hirado, Isahaya, Nagasaki, Ōmura, Sasebo, Shimabara, Nara, Kashihara, Nara, Tenri, Yamato-Kōriyama, Niigata, Jōetsu, Kashiwazaki, Nagaoka, Niigata, Niitsu, Sanjō, Ōita, Beppu, Hita, Nakatsu, Ōita, Saiki, Usa, Usuki, Okayama, Kasaoka, Kurashiki, Okayama, Tamano, Tsuyama, Okinawa, Naha, Okinawa, Ōsaka, Daitō, Higashiōsaka, Hirakata, Ikeda, Izumiōtsu, Izumisano, Kadoma, Kishiwada, Matsubara, Moriguchi, Neyagawa, Ōsaka, Sakai, Suita, Takatsuki, Toyonaka, Yao, Saga, Imari, Karatsu, Saga, Tosu, Saitama, Ageo, Asaka, Chichibu, Fukaya, Gyōda, Iruma, Kawagoe, Kawaguchi, Koshigaya, Kumagaya, Saitama, Sōka, Toda, Warabi, Shiga, Hikone, Ōtsu, Shigaraki, Shimane, Izumo, Masuda, Matsue, Shizuoka, Atami, Fuji, Fujieda, Fujinomiya, Gotemba, Hamakita, Hamamatsu, Itō, Mishima, Numazu, Shimada, Shimizu, Shizuoka, Yaizu, Tochigi, Ashikaga, Kanuma, Nikkō, Oyama, Sano, Utsunomiya, Tokushima, Anan, Komatsushima, Naruto, Tokushima, Tokyo, Chōfu, Fuchū, Ginza, Hachiōji, Higashimurayama, Hino, Kodaira, Koganei, Kokubunji, Machida, Mitaka, Musashino, Ōme, Tachikawa, Tokyo, Tottori, Kurayoshi, Yonago, Toyama, Takaoka, Wakayama, Kainan, Nachi-katsuura, Sakata, Tsuruoka, Wakayama, Yamagata, Yonezawa, Yamagata, Yamaguchi, Hagi, Hōfu, Iwakuni, Kudamatsu, Shimonoseki, Tokuyama, Ube, Yamanashi, Kōfu. (https://www.britannica.com/topic/list-of-cities-and-towns-in-Japan-2039519)
Why do I require the other parent’s Consent to relocate to Japan?
According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Japan. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. (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. (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). Now let us explain what Parental Responsibilities and Rights are.
What are Parental Responsibilities and Rights of a parent in relation to a child?
As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Japan. Even if the minor child only wants to go for a short holiday to Japan, both guardians’ Consent would be required.
When would the other parent be seen as a guardian in the case of a relocation matter to Japan?
It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Japan. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Japan.
Mother’s Consent for relocation of the minor child to Japan
Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. (2) If- (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child. (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Japan, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.
Married father’s Consent for the relocation of the minor child to Japan
Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Japan. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Japan.
Consent of unmarried fathers for the relocation of their minor children to Japan.
Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child- (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother- (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.
What do you do if the other parent does not want to consent to the minor child relocating to Japan?
Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Japan, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (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). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Japan, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10829" align="alignnone" width="662"] Relocation consent Court Order for minor child to Japan – Advocate Muhammad Abduroaf[/caption]

Posted on 11 February 2025 by Telelaw

How do I find an affordable Lawyer in Cape Town?

Finding a good, affordable lawyer can sometimes be challenging. You do not want the cheapest lawyer, but an expensive lawyer won’t do. He or she may have little experience, and you may lose your case based on that. However, some cases are simple, and you do not need to do your best to assist you. However, finding the balance between affordability and expertise can be difficult. Here are some tips:

Define Your Needs: Identify the specific legal services you require (e.g., family law, criminal defence, corporate law).
Research Online: Use legal directories;
Check Reviews and Ratings: Look for client reviews and ratings to gauge the firm’s reputation and client satisfaction.
Ask for Recommendations: Reach out to friends, family, or colleagues who may have had similar legal needs for personal recommendations.
Evaluate Experience: Consider the firm’s experience in your specific legal issue, including years in practice and case outcomes.
Schedule Consultations: Many firms offer free or less expensive consultations. Use this opportunity to meet attorneys, discuss your case, and assess their communication style.
Assess Costs: Inquire about fees and billing practices. Understand whether they charge hourly rates, flat fees, or contingency fees.
Trust Your Instincts: Choose a firm that you feel comfortable with and confident in their ability to handle your case.
Verify Credentials: Check the attorneys’ qualifications and any disciplinary history.
Consider Location: Proximity can be important for ease of communication and meetings.

Taking the time to research and evaluate different firms will help you find the right fit for your legal needs.

Frequently asked questions on Divorce

[caption id="attachment_7079" align="alignleft" width="259"]

Advocate Muhammad Abduroaf – Advocate High Court of South Africa[/caption] We proud ourselves on our knowledge on family law, and related matters relevant to South Africa. This includes issues and questions surrounding divorces, custody and child maintenance. Feel free to browse through the questions and answers below. Should you not find the answer to a divorce question you are looking for, scroll down to the bottom of this page and post your divorce-related question. Or you may click here to take you to the bottom of this post where the questions start. Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates’ Court? Click here.

How does it work to get a divorce/divorce process?

Only a court of law can divorce you. Therefore, a spouse should take the other spouse to court. You or your lawyer would have to approach the Divorce Court of the Family Court.

What is the procedure or process a for divorce?

One party needs to sue the other party for a divorce. This can be done in the High Court of the Family Courts. Once all the paperwork is done, the matter is set down for hearing or trial where a judge or magistrate would divorce you.

How long does it take for a divorce to be finalized?

If a divorce is undefended, it can take about 6 weeks. However, if the parties wish to litigate, it can take many months, up to 2 (two) years.

How long will it take for a divorce to be final?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take for someone to be served with divorce papers?

If the person’s home and work address are known and the person is usually there, it can take a day or two. This depends on when the Sheriff is available to serve the summons. However, if the person is not always at work or at home to be served, it can take some time.

How long does it take for a divorce to be finalized?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce decree paper?

One the divorce is finalised, it should take about a week for the divorce decree or order to be typed out and available for collection.

How is a divorce finalized?

A divorce is finalised by a magistrate or judge granting a decree or order of divorce.

How long does it take to get an amicable divorce?

If the parties are on the same page and want to keep things friendly, it can take less than two months.

Why does it take so long to get a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. The problem is that when the matter becomes defended. it can take many months to finalise.

How long does it take to get a divorce by mutual consent in Cape Town?

[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

Is adultery against the law in South Africa?

No, it is not a crime. However, it can be ground for a divorce.

What does in community of property means?

In community of property means that there is just one estate. At divorce, the estate has to be divided.

What can be contested in a divorce?

Anything the other spouse asks for can be contested. This includes maintenance, custody and the divorce itself.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the meaning of uncontested divorce?

An uncontested divorce is a term used to describe a divorce where both spouses agree to the divorce and the terms thereof. They then both co-operate if the finalisation of the divorce.

What is the divorce?

A divorce is the dissolution of the marriage. In other words, you are no longer married after the divorce.

When do you get served divorce papers?

Once a spouse instituted divorce proceedings, you should then be served with divorce papers by the sheriff of the court.

How long does it take to file for a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce in Cape Town if both parties agree?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. What is the final decree of divorce? It is an order, where the Court dissolves your marriage.

How much does it cost to get a divorce?

The court does not charge for a divorce. However, your lawyer would charge a fee, as well as the sheriff of the court who serves the divorce documents.

How long does it take to get a divorce in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How do I go about filing for divorce?

You should issue a summons at the Divorce Court.

Is a civil marriage in community of property?

Yes, unless you entered into an ante-nuptial contract beforehand stating otherwise.

What happens if your spouse refuses to sign divorce papers?

If your spouse refused to sign divorce papers, the divorce proceeds on a defended bases.

What happens when you file for a divorce?

The legal process follows. Ultimately, you want to have the matter heard before a magistrate or judge.

What is the meaning of notice of bar?

A notice of bar is a notice given to the Defendant, who filed a notice of intention to defend, but did nothing afterward. Therefore, you a notice of bar is issued, the Plaintiff may go ahead with finalising the case. [caption id="attachment_8258" align="alignleft" width="476"]

Child Custody Visitation and Contact[/caption]

What is the meaning of a customary marriage?

A customary marriage is a marriage based on custom. An example is that of Xhosa or Zulu marriages.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. Therefore, it is in their best interest to try to resolve matters as soon as possible.

How does it work to get a divorce?

One party needs to summons the other party to Court. Therefore, a divorce cannot take place without a court process.

What is the procedure for divorce?

One party needs to summons the other party to Court.

How long does it take to get a divorce if both parties agree?

The quickest is for four weeks.

How much does it cost to file for a divorce in South Africa?

If you attend to your divorce, there are no costs, other than sheriff fees.

How do you file for divorce in South Africa?

A divorce has to start with a court process called a Summons. This document is issued at the divorce court and served on the spouse.

What is an uncontested divorce in South Africa?

An uncontested divorce in South Africa is where both parties agree on the terms of the divorce. In other words, there won’t be any opposition to the divorce. Only co-operation.

How long does it take to get a divorce in Cape Town, South Africa?

If all goes well and the divorce is uncontested, it would take approximately two (2) months to finalise.

How long does it take to get a fast divorce in Cape Town, South Africa?

Approximately two (2) months.

How long does it take to get a divorce in South Africa?

Each court is different. However approximately two (2) months.

When a divorce is final?

A divorce is final when you obtain a decree of divorce from the Judge or Magistrate. Therefore, a court process needs to take place.

How can I get a divorce without a lawyer?

You do not need a lawyer to attend to your divorce. You can do it on your own. The best option would be is to approach the Family Court in your area for assistance.

How long does it take to get a divorce in Cape Town, South Africa?

If the divorce is undefended, it can take about six (6) weeks.

How long does it take for someone to be served with divorce papers?

It can take a day or a few weeks. It all depends on when the sheriff is available to serve the divorce papers, as well as the ability to serve. In other words, sometimes the Sheriff takes a while to locate the party who must be served.

How long does it take for a divorce to be finalized?

It can take up to 6 weeks. Therefore, if you want to finalise a divorce quickly, agree as soon as possible.

How can I get a quick divorce in South Africa?

A divorce is very quick if you and your spouse agree on the terms of the divorce. You may then enter into a consent paper and have that made an order of the court. If you follow that route, with a divorce lawyer, you can be divorced within a few weeks. Purchase a Consultation with us from our Online Shop, by clicking here.

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