Father Rights to Child. The Law, Courts and Social Worker

Posted on 11 February 2025 by Telelaw

The role of antenuptial contracts in South Africa – What do you need to know before getting married?
When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they will start a family. However, there is one important aspect many people do not consider before getting married. And that is the propriety regime that would apply to their marriage. In other words, what belongs to who during the marriage and after the marriage should they divorce or one spouse passes away.
Marriages in community of property – The Standard Regime
In South Africa, the default matrimonial property regime is that of in community of property and profit and loss. What this means, is that whatever property the couple have during the marriage, they would share. This includes debt. Therefore, should a party receive a huge sum of money during the marriage, that money would belong to both the parties and form part of the joint estate. The same principle would apply should a party get into financial trouble. In such a case both the spouses or the joint estate would be responsible for that debt. If spouses are happy to share in each other’s wealth and liabilities during the marriage, then being married in community of property may be a good option. However, if this matrimonial property regime does not appeal to a couple before they get married, then a different matrimonial property regime should be looked at. Now let us move on to a marriage out of community of property.
Marriages out of community of property – with or without the accrual regime
Marriages out of community of property may take two faces. The first is out of community of property without the inclusion of the accrual regime. This is its purest form. The other would be a marriage out of community of property with the inclusion of the accrual regime. Before we explain the differences between the two, we need to explain to you what it is meant to be married out of community of property and profit and loss.
Marriage out of community of property
Being married out of community of property means that spouses during the marriage own their own assets and are solely responsible for any debt owed by either of them. This can be compared to a marriage in community of property where the opposite applies. Therefore, if the couple is married out of community of property, a spouse would not require the other spouse’s consent to incur a debt. A spouse would not be entitled to claim any monies belonging to the other spouse by virtue of being married. In short, if you are married out of community of property, you are solely responsible for your estate. As would be seen further below, to be married out of community of property you have to enter into an antenuptial contract.
What is the accrual regime?
As mentioned above, a marriage out of community of property could have the accrual regime apply to it or not. The aspect of accrual only comes into play should the parties divorce or one of them pass away. The parties would then share in half the difference between the two estates. This amount is referred to as the accrual. Therefore, by way of example, should one spouse pass away and the estate of the deceased has grown in the sum of R10 000 – 00, then the surviving spouse should receive half of that. The above example would apply if the surviving spouse’s estate has not grown at all. If it has grown, then they would share in half the difference of their respective growths.
Marriage out of community of property with the inclusion of the accrual regime
The accrual regime automatically applies to a marriage out of community of property, unless it is expressly excluded in an antenuptial contract. During the marriage, the same principles as above apply to a marriage out of community of property with the inclusion of the accrual regime.
Marriage out of community of property with the exclusion of the accrual regime
If the couple does not want the accrual regime to apply to their marriage out of community of property, they need to expressly stipulate it in the antenuptial contract. If they do not do so, then their marriage would automatically be out of community of property with the inclusion of the accrual regime.
Parties entering into an antenuptial contract before the marriage
As stated, if a couple wants to get married out of community of property with or without the inclusion of the accrual regime, they need to enter into an antenuptial contract. They would sign a document wherein they stipulate what matrimonial property regime would apply to the marriage. Other matters may be included in an antenuptial contract. For example, assets that should not be included in the calculation of the accrual. The antenuptial contract is signed before a notary public and it is registered at the Deeds Office. In that way, the public would know that you are married out of community of property.
What happens if I did not enter into an antenuptial contract and want to change it later?
Should a couple get married and later decide to change the matrimonial property regime, they may do so with the consent of the High Court. A court application would have to be made to the High Court explaining to the court why they wish to change the matrimonial property regime and also which property regime they now wish to apply to them.
Publication of Application to change the matrimonial property regime
Various other information would be included in the High Court Application which could entail details of various creditors of the spouses and their assets and liabilities and so on. Attached to the court documents would also be a draft postnuptial contract. The Application and the Court date would be published in the Government Gazette and one or two local newspapers for potential creditors to be informed about the pending Court Application.
Informing creditors of the change in the matrimonial property regime
Various creditors would also be notified of the application via registered mail. The application can be expensive because of the work and expenses involved. This cost includes attorney fees advocate fees, publication fees etc. It is therefore important to decide before the marriage whether or not the matrimonial property regime of community of property is the best regime for you before getting married. If it is not the best for you and your intended spouse, we advised that the enter into an antenuptial contract. This will not only save you money in the long run but also avoid a lot of complications in the future. Speak to us should you wish to enter into an antenuptial contract. Our antenuptial contract product may be purchased here. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw

Questions and Answers on Wills – Last Wills and Testaments
Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below.
How do I write a will for free? Is a handwritten will legal? Are handwritten wills legal in Cape Town? Do you have to go to a lawyer to make a will? Can you just write a will and get it notarized? How do I go about making a will for free? What are the requirements to make a will? What is in a simple will? Is a will valid if it is not notarized? What is a holographic will? What is the average cost of making a will? What are the requirements for a valid will? Do wills have to be dated? Is a handwritten will valid in the South Africa? Can family witness a will? Who can be a witness to a will? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? How do you sign a will? Is a notarized document a legal document? How much does it cost to do a will? How much does it cost to have a living will? What can I do as a paralegal? How much does it cost to get a power of attorney? Can you be an executor and a witness to a will? Can a notary be a witness to a will? Can I make changes to my will? Is a will signed by a notary legal? Is a handwritten will valid? Do notaries have to witness signatures? Can a family member be a witness on a legal document? Do you have to change your will when you move house? Can you just write a will and get it notarized? Is a document legal if it is not notarized? Do both parties have to be present to have a document notarized? How do you notarize a document? Can I notarize a document already signed? Can you get something notarized online? Do you have to sign divorce papers in front of a notary? What type of notarization is a power of attorney? What is a proof of execution? What is a subscribing witness to a will? What does it mean to be a credible witness? Can a credible witness be named in a signed document? What is an unreliable witness? What is the problem with eyewitness testimony? Why eyewitness testimony is unreliable? What is eyewitness testimony in psychology? What is eyewitness memory in psychology? Why is an eyewitness account valuable? What is a reconstructed memory? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? Is a handwritten will valid? Is a notarized document a legal document? Is a handwritten contract legally binding? What do you call a person who can notarize? Can you just write a will and get it notarized? What does a contract need to be valid? Can I change my will at any time? Do you need a lawyer to change your will? How do you write a codicil to a will? Can you change a will if you have power of attorney? Can a family member be a witness to a will? Who can be a witness to a will? How do I write a will for free? Do you need a lawyer to write a will? How do I make a will online for free? What is in a simple will? Do wills have to be dated? What is a will that is oral? What does testimonies? What percent of wrongful convictions based on mistaken eyewitness testimony are common? What is motivated forgetting? Do you have to have a will notarized? What are the requirements to make a will? Why do you forget things? How do you forget something? What are the effects of misinformation? Why does the misinformation effect occur? What is a repressed memory? What is a will when someone dies? What is a legal will? What is the average cost of a simple will? What is the purpose of having a will? Why is it important to have a will? What is a joint will? What is a holographic will? What is a will and a trust? Is a handwritten will legal? What is the average cost of making a will? Are online wills valid? How much does it cost to do a will? How much does it cost to have a living will? Do my wife and I need separate wills? Is a document legal if it is not notarized? Is a notarized document a legal document? Where can I get a document notarized for free? Can you get something notarized online? Do wills have to be dated? What is a will that is oral? Can a notary be a witness to a will? Do you need a lawyer to write a will?

Posted on 11 February 2025 by Telelaw

Looking for Family Legal Services in Sunnydale – Child Maintenance, Child Custody, Visitation Rights and Divorce
Here at our law officers, we understand the struggle of your anxious search for family legal services. Most often, you under the impression that you may not find the legal services you require within close proximity. Look no further.
Family Legal Advice Consultancy
We are a family legal consultancy that strive to cater for all your legal needs by offering legal advice and guidance in family law. If you happen to be residing in the Sunnydale area, then legal advice is still in your favor. Searching for a legal solution is tough enough and we are fully aware of this. With this in mind, we have made our legal advice and legal guidance easily accessible for your convenience. Our online system enables you to make an online appointment for a professional legal consultation within minutes, while in the comfort of your own home.

Price listings for Family Legal Services in Sunnydale

We have managed to compile a straightforward price list of some of our legal services in which we offer legal advice and legal guidance in. With that being said, we often have potential clients asking us for an overall view of what the service will cost. When it comes to child maintenance, child custody, contested/opposed divorces and so on; then an overview of the cost cannot be provided as this will be depend upon nature and circumstance of the legal matter. See our legal services page for an idea of what some of our legal services will cost.

Legal Advice in Sunnydale – Family law legal topics

For family law legal topics, we offer legal advice on a variety of family law topics, which include, but is not limited to:

And while our consultation does come at a fee of R800; we have made our free, expert legal advice articles on our website, easily accessible for the layperson. See the following free, expert legal advice articles which was carefully crafted by the legal expert himself. These articles can be found within the following categories:

Child Maintenance

Child Custody

Divorce and Property

So whether you’re residing in the Northern or Southern suburbs, we can assist you in your legal plight. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Legal consultation – telephonic, face to face or via video chat / Skype legal advice for those residing in Sunnydale

Are you residing in Sunnydale and concerned that legal advice and legal guidance may be out of your way? This could never be more far off from the truth. Our professional legal consultancy have taken such circumstances into account and have managed to accommodate for those residing in the Sunnydale area. Our professional legal consultation can take place by virtue of video chat / Skype, email or telephonic for your convenience. We are currently based at Suit 702, 7^th Floor, The Pinnacle (on the corner of Burg and Strand Street). Do you require an Attorney to handle your legal matter? No problem. Our law offices have built a wealth of legal connections to ease your plight. After assessing your legal matter during the consultation, we can refer you to an Attorney if necessary. However, we have managed to sustain a convenient online operation which will unfold within the following ways:

Call our friendly receptionist and ask to have an appointment made for you online which will only take a minute or two.
You have the choice of deciding whether you would like a telephonic, email, video chat/Skype legal consultation.
Once you call our law offices on 021 424 3487, the receptionist will make an appointment online for you. Thereafter, you will receive an automated email which will contain all relevant details about the legal consultation. The date, time, nature of legal matter and payments methods will be highlighted within the email.
We urge potential clients to read their email well as well as the terms and conditions within the email.
Only once payment has been made, will the face to face legal consultation be confirmed.
Bear in mind that the date and time of the legal consultation is subject to change on either our part or the potential client’s part. Hence the potential client is free to change the date and time should they later find a more convenient date or time.

Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation.

Free legal products if you live in Sunnydale

Our law offices does not offer pro bono legal services as we are a Family Legal Consultancy that aims at offering expert, efficient legal advice and assistance on child maintenance, divorce, child custody and so forth. We have however, as mentioned previously, made our free, expert legal advice accessible to the layperson on our website. The creators of this website have compiled a “Free Family Law Resources” section, which can be found on our home page. The family law resources are as follows:

You can now enjoy free, expert legal advice at the touch of a button. Call our law offices on 021 424 3487, and have our friendly receptionist make an online appointment for you for a face to face, telephonic or Video Chat/Skype legal consultation. Connect with us today!

Posted on 11 February 2025 by Telelaw

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