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.    

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.

 

 

Related Post

Gay and Lesbian (Same-sex) Divorces in South Africa – How does it work?

advice-child-maintenance-child-custody-divorceAs with any marriage, relationship or romantic partnership, there is no guarantee that it will last until death do you part. For a marriage, a divorce is what is needed if the marriage has irretrievably broken down. Much has been written on the issue of divorces in relation to heterosexual marriages where the Marriage Act find application. The same applies to customary marriages. What about same-sex, or gay and lesbian couples who are married and want to get divorced? Does the law cater for such marriages? And how are they different from heterosexual divorces. Before we deal with the dissolution aspect of a same-sex marriage, let us first deal with the validity and legality of the same-sex marriage itself.

What are same-sex marriages?

This sounds like a simple question. However, without presuming too much, let us unpack the law. Here we will look at the Civil Union Act 17 of 2006. It is this Act of Parliament that made same-sex marriages legal in South Africa.

Civil Union Act, 17 of 2006

According to the Civil Union Act, a “civil union” means the voluntary union of two persons who are both 18 years of age or older which is solemnised and registered by way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act, to the exclusion, while it lasts, of all others“. Furthermore, according to the Act, a “civil union partner” means a spouse in a marriage or a partner in a civil partnership. as the case may be, concluded in terms of this Act“. From the aforementioned, it is clear that there are two types of civil unions, the one is a marriage, and the other is a civil partnership. Now let us have a look at what the legal requirements are for a gay or lesbian couple to enter into a same-sex marriage as provided for in the Civil Union Act.

Requirements for solemnisation and registration of a civil union

The requirements for the solemnisation and registration of a civil union are as follows as provided for in the Act: “8. (1) A person may only be a spouse or partner in one marriage or civil partnership. ( 2 ) A person in a civil union may not conclude a marriage under the Marriage Act or the Customary Marriages Act. (3) A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union. (4) A prospective civil union partner who has previously been married under the Marriage Act or Customary Marriages Act or registered as a spouse in a marriage or a partner in a civil partnership under this Act, must present a certified copy of the divorce order, or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous marriage or civil union has been terminated. ( 5 ) The marriage officer may not proceed with the solemnisation and registration of the civil union unless in possession of the relevant documentation referred to in subsection ( 4 ). ( 6 ) A civil union may only be registered by prospective civil union partners who would apart from the fact that they are of the same sex, not be prohibited by law from as the case may be, at any given time,  concluding a marriage under the Marriage Act or Customary Marriages Act.” The aforementioned clauses basically say you should not be married, and there should be no legal reason why you cannot get married.

Now let us move on to the issue of divorces when it comes to gay and lesbian marriages

Should a gay or lesbian couple married in terms of the Civil Union Act wish to get divorced, the procedure is the same as would be in a marriage solemnised in terms of the Marriage Act. The legal documents, however, would be slightly different. For example, in the case of a gay marriage, where it comes to the type of civil marriage, and children, the following clauses would be inserted in the Particulars of Claim:
  1. The parties entered into a marriage or a civil partnership; and
  2. There are no children of the marriage, either through adoption or surrogacy;
Otherwise, the procedure would be exactly the same, save for in a gay marriage, only the word he would be used to describe the spouse and the word she, for a lesbian couple.

Contact us to assist you with your same-sex divorce

advice-child-maintenance-child-custody-divorceIf your same-sex marriage has irretrievably broken down, and you wish to get divorced, feel free to contact our offices for assistance. Based on our experience with same-sex divorces, additional knowledge on the law may be required when it comes to preparing the legal documents.

[caption id="attachment_10841" align="alignnone" width="687"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to the United Kingdom with my minor child. The other parent does not want my child to relocate to the United Kingdom. What can I do?

The United Kingdom 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 the United Kingdom, if a minor child will be joining that parent and also relocating to the United Kingdom, 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 the United Kingdom. Before we do so, let us list the various cities and towns in the United Kingdom to which you may want to relocate: England, Bath and North East Somerset (unitary authority), Bedford (unitary authority), Bedford (city), Blackburn with Darwen (unitary authority), Blackpool (town and unitary authority), Bournemouth (town and unitary authority), Bracknell Forest (unitary authority), Sandhurst (town), Brighton and Hove (unitary authority), Brighton (town and urban area), Hove (town and urban area), Bristol (city and unitary authority), Buckinghamshire (county), Aylesbury Vale (district), Aylesbury (town), Chiltern (district), Amersham (town), Chalfont St. Giles (town), South Bucks (district), Beaconsfield (town), Stoke Poges (town), Wycombe (district), High Wycombe (town and urban area), Marlow (town), Cambridgeshire (county), East Cambridgeshire (district), Ely (town), Fenland (district), Wisbech (town), Huntingdonshire (district), Huntingdon (town), Ramsey (town), St. Ives (town), South Cambridgeshire (district), Cambridge (city and district), Central Bedfordshire (unitary authority), Ampthill (town), Dunstable (town), Cheshire East (unitary authority), Congleton (town), Crewe (town), Knutsford (town), Macclesfield (town), Nantwich (town), Cheshire West and Chester (unitary authority), Chester (urban area), Northwich (town), Cornwall (unitary authority), Bodmin (town), Falmouth (town), Fowey (town), Helston (town), Launceston (town), Looe (town), Lostwithiel (town), Newquay (town), Penryn (town), Penzance (town), St. Austell (town), Saltash (town), Tintagel (village), Truro (city), Cumbria (county), Allerdale (district), Cockermouth (town), Keswick (town), Workington (town), Barrow-in-Furness (town and district), Carlisle (urban area, city and district), Copeland (district), Whitehaven (town), Eden (district), Penrith (town), South Lakeland (district), Grasmere (village), Kendal (town), Darlington (town and unitary authority), Derby (city and unitary authority), Derbyshire (county), Amber Valley (district), Belper (town), Bolsover (town and district), Chesterfield (town and district), Derbyshire Dales (district), Ashbourne (town), Matlock (town), Erewash (district), High Peak (district), Buxton, North East Derbyshire (district), South Derbyshire (district), Repton (village), Devon (county), East Devon (district), Axminster (town), Exmouth (town), Sidmouth (town), Exeter (city and district), Mid Devon (district), Crediton (town), North Devon (district), Barnstaple (town), Lynton and Lynmouth (town), South Hams (district), Dartmouth (town), Totnes (town), Teignbridge (district), Ashburton (town), Dawlish (town), Newton Abbot (town), Teignmouth (town), Torridge (district), Bideford (town), West Devon (district), Okehampton (town), Dorset (county), Christchurch (town and district), East Dorset (district), Wimborne Minster (town), North Dorset (district), Purbeck (district), Corfe Castle (village), West Dorset (district), Dorchester (town), Lyme Regis (town), Weymouth and Portland (district), Durham (unitary authority), Barnard Castle (town), Chester-le-Street (town), Durham (urban area), East Riding of Yorkshire (unitary authority), Beverley (town), Goole (town), East Sussex (county), Eastbourne (district), Hastings (district), Lewes (district), Lewes (town), Newhaven (town), Rother (district), Battle (town), Bexhill (town), Rye (town), Winchelsea (village), Wealden (district), Crowborough (town), Herstmonceux (village), Pevensey (village), Essex (county), Basildon (district), Braintree (town and district), Brentwood (town and district), Castle Point (district), Chelmsford (town and district), Colchester (town and district), Epping Forest (district), Chigwell (town), Harlow (town and district), Maldon (town and district), Burnham-on-Crouch (town), Rochford (district), Tendring (district), Harwich (town), Uttlesford (district), Saffron Walden (town), Gloucestershire (county), Cheltenham (town and district), Cotswold (district), Cirencester (town), Forest of Dean (district), Gloucester (city and district), Stroud (town and district), Tewkesbury (district), Tewkesbury (town), Winchcombe (village), Greater London (metropolitan county; See also London), Inner London, Camden (borough), Bloomsbury (neighbourhood), City of London (borough), Smithfield (area), City of Westminster (borough), Charing Cross (locality), St. Marylebone (neighbourhood), Soho (neighbourhood), Hackney (borough), Hammersmith and Fulham (borough), Haringey (borough), Islington (borough), Clerkenwell (neighbourhood), Kensington and Chelsea (borough), Lambeth (borough), Vauxhall (neighbourhood), Lewisham (borough), Newham (borough), Southwark (borough), Dulwich (neighbourhood), Tower Hamlets (borough), Limehouse (neighbourhood), Wandsworth (borough), Battersea (neighbourhood), Outer London, Barking and Dagenham (borough), Barnet (borough), Bexley (borough), Brent (borough), Bromley (borough), Croydon (borough), Ealing (borough), Enfield (borough), Greenwich (borough), Woolwich (town), Harrow (borough), Havering (borough), Hillingdon (borough), Hounslow (borough), Kingston upon Thames (borough), Merton (borough), Wimbledon (neighbourhood), Redbridge (borough), Richmond upon Thames (borough), Teddington (neighbourhood), Sutton (borough), Waltham Forest (borough), Greater Manchester (metropolitan county), Bolton (town and metropolitan borough), Bury (town and metropolitan borough), Manchester (city and metropolitan borough), Oldham (urban area and metropolitan borough), Rochdale (town and metropolitan borough), Salford (city and metropolitan borough), Stockport (urban area and metropolitan borough), Tameside (metropolitan borough), Trafford (metropolitan borough), Wigan (town and metropolitan borough), Atherton (town and urban area), Halton (unitary authority), Runcorn (town), Widnes (town), Hampshire (county), Basingstoke and Deane (district), Silchester (village), East Hampshire (district), Alton (town), Eastleigh (town and district), Fareham (town and district), Gosport (town and district), Hart (district), Havant (town and district), New Forest (district), Rushmoor (district), Test Valley (district), Andover (town), Romsey (town), Winchester (town and district), Hartlepool (town and unitary authority), Herefordshire (unitary authority), Hereford (city), Leominster (town), Ross-on-Wye (town), Hertfordshire (county), Broxbourne (district), Dacorum (district), Berkhamsted (town), Hemel Hempstead (town and urban area), East Hertfordshire (district), Bishop’s Stortford (town), Hertford (town), Ware (town), Hertsmere (district), North Hertfordshire (district), Letchworth (town), St. Albans (town and district), Stevenage (town and district), Three Rivers (district), Watford (town and district), Welwyn Hatfield (district), Hatfield (town), Welwyn Garden City (town and urban area), Isle of Wight (unitary authority), Carisbrooke (village), Cowes (town), Freshwater (town), Newport (town), Ryde (town), Ventnor (town), Isles of Scilly (independent administrative unit), Hugh Town (village), Kent (county), Ashford (town and district), Canterbury (town and district), Herne Bay (town), Whitstable (town), Dartford (town and district), Dover (district), Deal (town), Dover (town), Sandwich (town), Gravesham (district), Gravesend (town), Maidstone (town and district), Sevenoaks (district), Edenbridge (town), Shepway (district), Folkestone (town), Hythe (town), Lydd (town), New Romney (town), Swale (district), Faversham (town), Thanet (district), Broadstairs and St. Peter’s (town), Margate (town), Ramsgate (town), Tonbridge and Malling (district), Tunbridge Wells (town and district), Royal Tunbridge Wells (town), Kingston upon Hull (city and unitary authority), Lancashire (county), Burnley (town and district), Chorley (town and district), Fylde (district), Hyndburn (district), Lancaster (urban area and district), Pendle (district), Preston (city and district), Walton-le-Dale (neighbourhood), Ribble Valley (district), Rossendale (district), South Ribble (district), West Lancashire (district), Skelmersdale (town), Wyre (district), Leicester (city and unitary authority), Leicestershire (county), Blaby (district), Charnwood (district), Loughborough (town), Harborough (district), Market Harborough (town), Hinckley and Bosworth (district), Melton (district), North West Leicestershire (district), Oadby and Wigston (district), Lincolnshire (county), Boston (town and district), East Lindsey (district), Lincoln (district), North Kesteven (district), South Kesteven (district), Grantham (town), Stamford (town), South Holland (district), Crowland (village), West Lindsey (district), Gainsborough (town), Luton (town and unitary authority), Medway (unitary authority), Chatham (town), Gillingham (town), Rochester (town), Merseyside (metropolitan county), Knowsley (metropolitan borough), Huyton (former town), Liverpool (city and metropolitan borough), St. Helens (urban area and metropolitan borough), Sefton (metropolitan borough), Southport (town), Wirral (metropolitan borough), Birkenhead (town and urban area), Middlesbrough (town and unitary authority), Milton Keynes (town and unitary authority), Norfolk (county), Breckland (district), East Dereham (town), Thetford (town), Broadland (district), Great Yarmouth (town and district), King’s Lynn and West Norfolk (district), Castle Rising (village), King’s Lynn (town), Sandringham (village), North Norfolk (district), Norwich (city and district), South Norfolk (district), North East Lincolnshire (unitary authority), Cleethorpes (town and urban area), Grimsby (town), North Lincolnshire (unitary authority), Scunthorpe (town and urban area), North Somerset (unitary authority), Weston-super-Mare (town), North Yorkshire (county), Craven (district), Hambleton (district), Northallerton (town), Harrogate (town and district), Knaresborough (town), Ripon (city), Richmondshire (district), Richmond (town), Ryedale (district), Malton (town), Scarborough (town and district), Whitby (town), Selby (town and district), Northamptonshire (county), Corby (town and district), Daventry (town and district), East Northamptonshire (district), Oundle (town), Kettering (district), Northampton (town and district), South Northamptonshire (district), Wellingborough (town and district), Northumberland (unitary authority), Bamburgh (village), Bedlington (town), Cramlington (town), Hexham (town), Morpeth (town), Warkworth (village), Nottingham (city and unitary authority), Nottinghamshire (county), Ashfield (district), Bassetlaw (district), Worksop (town), Broxtowe (district), Beeston and Stapleford (urban area), Gedling (district), Mansfield (town and district), Newark and Sherwood (district), Newark-on-Trent (town), Rushcliffe (district), West Bridgford (town), Oxfordshire (county), Cherwell (district), Banbury (town), Bicester (town), Oxford (city and district), South Oxfordshire (district), Henley-on-Thames (town), Vale of White Horse (district), Wantage (town), West Oxfordshire (district), Burford (town), Peterborough (city and unitary authority), Plymouth (city and unitary authority), Poole (town and unitary authority), Portsmouth (city and unitary authority), Reading (town and unitary authority), Redcar and Cleveland (unitary authority), Rutland (unitary authority), Uppingham (town), Shropshire (unitary authority), Bridgnorth (town), Ludlow (town), Much Wenlock (town), Oswestry (town), Shrewsbury (town), Stokesay (village), Slough (town and unitary authority), Somerset (county), Mendip (district), Glastonbury (town), Wells (city), Sedgemoor (district), Bridgwater (town), Cheddar (village), South Somerset (district), Ilchester (town), Langport (town), Taunton Deane (district), Taunton (town), Wellington (town), West Somerset (district), Dunster (town), Minehead (town), South Gloucestershire (unitary authority), Badminton (village), Kingswood (urbanized area), South Yorkshire (metropolitan county), Barnsley (town and metropolitan borough), Doncaster (town and metropolitan borough), Adwick le Street (town), Rotherham (town and metropolitan borough), Sheffield (town, city, and metropolitan borough), Southampton (city and unitary authority), Southend-on-Sea (town and unitary authority), Staffordshire (county), Cannock Chase (district), East Staffordshire (district), Burton upon Trent (town and urban area), Lichfield (city and district), Newcastle-under-Lyme (town and district), South Staffordshire (district), Stafford (town and district), Staffordshire Moorlands (district), Tamworth (district), Stockton-on-Tees (town and unitary authority), Stoke-on-Trent (city and unitary authority), Suffolk (county), Babergh (district), Sudbury (town), Forest Heath (district), Mildenhall (town), Newmarket (town), Ipswich (town and district), Mid Suffolk (district), St. Edmundsbury (district), Bury St. Edmunds (town), Suffolk Coastal (district), Dunwich (village), Felixstowe (town), Woodbridge (town), Waveney (district), Beccles (town), Lowestoft (town), Surrey (county), Elmbridge (district), Epsom and Ewell (district), Guildford (town and district), Mole Valley (district), Dorking (town), Reigate and Banstead (district), Runnymede (district), Spelthorne (district), Staines (town and urban area), Surrey Heath (district), Tandridge (district), Waverley (district), Haslemere (town), Woking (district), Swindon (town and unitary authority), Telford and Wrekin (unitary authority), Telford (town and urban area), Thurrock (town and unitary authority), Tilbury (town), Torbay (unitary authority), Brixham (town), Tyne and Wear (metropolitan county), Gateshead (town and metropolitan borough), Felling (ward), Newcastle upon Tyne (city and metropolitan borough), Newburn (neighbourhood), North Tyneside (metropolitan borough), Wallsend (town), South Tyneside (metropolitan borough), Jarrow (town and urban area), South Shields (town), Sunderland (town and metropolitan borough), Washington (town), Warrington (city and unitary authority), Warwickshire (county), North Warwickshire (district), Nuneaton and Bedworth (district), Bedworth (town), Rugby (town and district), Stratford-on-Avon (district), Warwick (district), Royal Leamington Spa (town), Warwick (town), West Berkshire (unitary authority), Newbury (town), West Midlands (metropolitan county), Birmingham (city and metropolitan borough), Coventry (city and metropolitan borough), Dudley (metropolitan borough), Sandwell (metropolitan borough), West Bromwich (locality), Solihull (metropolitan borough), Walsall (metropolitan borough), Wolverhampton (metropolitan borough), West Sussex (county), Adur (district), Shoreham-by-Sea (town), Arun (district), Arundel (town), Bognor Regis (town), Chichester (district), Petworth (town), Crawley (town and district), Horsham (town and district), Mid Sussex (district), East Grinstead (town), Worthing (district), West Yorkshire (metropolitan county), Bradford (urban area, city, and metropolitan borough), Haworth (town), Keighley (town), Saltaire (village), Calderdale (metropolitan borough), Halifax (town and urban area), Todmorden (town), Kirklees (metropolitan borough), Dewsbury (town), Huddersfield (town and urban area), Leeds (urban area, city, and metropolitan borough), Wakefield (urban area, city, and metropolitan borough), Pontefract (town), Wiltshire (county), Amesbury (town), Bradford-on-Avon (town), Chippenham (town), Cricklade (town), Devizes (town), Malmesbury (town), Marlborough (town), Salisbury (city), Trowbridge (town), Westbury (town), Wilton (town), Windsor and Maidenhead (unitary authority), Ascot (locality), Bray (town), Eton (town), Maidenhead (town), Windsor (town and urban area), Wokingham (town and unitary authority), Worcestershire (county), Bromsgrove (district), Malvern Hills (town and district), Great Malvern (town), Redditch (town and district), Worcester (city and district), Wychavon (district), Broadway (village), Droitwich (town), Evesham (town), Wyre Forest (district), Kidderminster (town), York (city and unitary authority), Northern Ireland, Antrim and Newtownabbey (district), Antrim (town), Newtownabbey (district), Ards and North Down (district), Newtownards (town), Bangor (town), Armagh, Banbridge, and Craigavon (district), Armagh (city), Banbridge (town), Dromore (town), Craigavon (town), Lurgan (town), Belfast (city and district), Stormont (locality), Causeway Coast and Glens (district), Ballycastle (town), Ballymoney (town), Coleraine (town), Portrush (town), Limavady (town), Derry and Strabane (district), Londonderry (city), Strabane (town), Fermanagh and Omagh (district), Enniskillen (town), Omagh (town), Lisburn and Castlereagh (district), Lisburn (town), Mid and East Antrim (district), Ballymena (town), Carrickfergus (town), Larne (town), Mid Ulster (district), Cookstown (town), Dungannon (town), Magherafelt (town), Newry, Mourne, and Down (district), Downpatrick (town), Kilkeel (town), Newcastle (town), Newry (town), Scotland, Aberdeen (city and council area), Aberdeenshire (council area), Banff (town), Braemar (village), Cruden Bay (village), Peterhead (town), St. Fergus (village), Angus (council area), Arbroath (town), Brechin (town), Forfar (town), Glamis (village), Montrose (town), Argyll and Bute (council area), Campbeltown (town), Dunoon (town), Inveraray (town), Lochgilphead (town), Rothesay (town), Tarbert (village), Clackmannanshire (council area), Dumfries and Galloway (council area), Dumfries (town), Gretna Green (village), Kirkcudbright (town), Lochmaben (town), Whithorn (town), Dundee (city and council area), East Ayrshire (council area), Cumnock (town), Kilmarnock (town), Mauchline (village), East Dunbartonshire (council area), Kirkintilloch (town), Milngavie (town), East Lothian (council area), Dunbar (town), Haddington (town), East Renfrewshire (council area), Edinburgh (city and council area), Leith (port), Falkirk (council area), Falkirk (town), Grangemouth (town), Fife (council area), Buckhaven (town), Culross (town), Cupar (town), Dunfermline (city), Glenrothes (town), Kirkcaldy (town), Rosyth (town), St. Andrews (city), Glasgow (city and independent council area), Highland (council area), Alness (village), Cawdor (village), Cromarty (town), Fort William (town), Invergordon (town), Inverness (town), John o’Groats (village), Nigg (village), Thurso (town), Wick (town), Inverclyde (council area), Greenock (town), Midlothian (council area), Dalkeith (town), Moray (council area), Elgin (town), Forres (town), Lossiemouth (town), North Ayrshire (council area), Irvine (town), North Lanarkshire (council area), Coatbridge (town), Cumbernauld (town), Motherwell and Wishaw (urban area), Orkney Islands (council area), Kirkwall (town), Perth and Kinross (council area), Dunkeld (city), Kinross (town), Perth (city), Scone (village), Renfrewshire (council area), Paisley (town), Renfrew (town), Scottish Borders (council area), Coldstream (town), Duns (town), Galashiels (town), Hawick (town), Jedburgh (town), Kelso (town), Melrose (town), Newtown St. Boswells (village), Peebles (town), Selkirk (town), Shetland Islands (council area), Lerwick (town), Sullom Voe (locality), South Ayrshire (council area), Ayr (town), Alloway (suburb), Prestwick (town), South Lanarkshire (council area), East Kilbride (town), Hamilton (town), Lanark (town), Stirling (council area), Balquhidder (village), Bannockburn (town), Callander (town), Stirling (town), West Dunbartonshire (council area), Clydebank (town), Dumbarton (town), West Lothian (council area), Linlithgow (town), Livingston (town), Western Isles (council area), Stornoway (town), Wales, Blaenau Gwent (county borough), Abertillery (town), Ebbw Vale (town and urban area), Bridgend (county borough), Bridgend (town and urban area), Porthcawl (town), Caerphilly (county borough), Caerphilly (town and urban area), Gelligaer (town), Cardiff (city and county borough), Llandaff (former town, neighborhood), Carmarthenshire (county), Carmarthen (town), Llanelli (town and urban area), Ceredigion (county), Aberystwyth (town), Cardigan (town), Conwy (county borough), Colwyn Bay (town and urban area), Conwy (town), Llandudno (town), Denbighshire (county), Denbigh (town), Rhyl (town), St. Asaph (village), Flintshire (county), Hawarden (town), Holywell (town), Gwynedd (county), Bala (town), Bangor (city), Caernarfon (town), Harlech (village), Isle of Anglesey (county), Holyhead (town), Llangefni (town), Merthyr Tydfil (town and county borough), Monmouthshire (county), Abergavenny (town), Chepstow (town), Monmouth (town), Usk (town), Neath Port Talbot (county borough), Margam (locality), Neath (town and urban area), Pontardawe (town), Port Talbot (town and urban area), Newport (town and county borough), Caerleon (town), Pembrokeshire (county), Haverfordwest (town), Milford Haven (town), Pembroke (urbanized area), St. David’s (city), Tenby (town), Powys (county), Brecon (town), Builth Wells (town), Llandrindod Wells (town), Montgomery (town), Newtown (town), Welshpool (town), Rhondda Cynon Taf (county borough), Aberdare (town), Hirwaun (village), Llantrisant (town), Mountain Ash (town), Pontypridd (town), Swansea (county), Swansea (city), Torfaen (county borough), Cwmbrân (town and urban area), Pontypool (town and urban area), Vale of Glamorgan (county), Barry (town), Cowbridge (town), Llantwit Major (town), Wrexham (county borough). (https://www.britannica.com/topic/list-of-cities-and-towns-in-the-United-Kingdom-2034188)  

Why do I require the other parent’s Consent to relocate to the United Kingdom?

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 the United Kingdom. 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 the United Kingdom. Even if the minor child only wants to go for a short holiday to the United Kingdom, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to the United Kingdom?

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 the United Kingdom. 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 the United Kingdom.

Mother’s Consent for relocation of the minor child to the United Kingdom

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 the United Kingdom, 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 the United Kingdom

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 the United Kingdom. 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 the United Kingdom.

Consent of unmarried fathers for the relocation of their minor children to the United Kingdom.

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 the United Kingdom?

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 the United Kingdom, 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 the United Kingdom, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10840" align="alignnone" width="658"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10841" align="alignnone" width="678"]Relocation consent Court Order for minor child to the United Kingdom - UK - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to the United Kingdom – UK – Advocate Muhammad Abduroaf[/caption]

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