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Ante – Nuptial/Pre – Nuptial Agreement
Our legal expert at our law offices is a professional legal drafter with years of experiences in legal drafting and offering expert legal advice on specific family law topics. These family legal topics range from:- Child Maintenance
- Ante-nuptial Contact
- Change Matrimonial Property Regime
- Child Adoption
- Child Custody and Access
- Domestic Violence Protection
- Family Trust Registration
- Fast Unopposed Divorces
- Non-Compliance with maintenance orders
- Parenting Plans
- Postnuptial Contract Registration
- Pre-nikkah Agreement
Do you require expert legal advice in any of these topics? Do feel free to give our law offices a call on 021 424 3487 for an online appointment today. Once parties have decided to enter into a marriage, they may do so by having an Ante-Nuptial Contract legally drafted which will also be an indication of how they would want their assets to be governed. Should parties decide to enter without an ANC, they will automatically be married in community of property. Entering into an ANC allow parties to maintain financial independence without bearing the burden of debt incurred by the other party. Make an online appointment with us today to find out more!Registering an Ante – Nuptial Contract
First of all, it is crucial to note that if you get married without an Ante Nuptial Contract, you are automatically married in community of property. But what exactly is the purpose of having an ANC? An ANC is an agreement in black and white between two parties before entering into marriage. The agreement stipulates how assets will be dealt with in the event of divorce or death. Having an ante nuptial contract benefits you in the following ways:- Debt incurred by the other party, will not be affect you financially due to the ANC in place.
- The ANC allows the parties to remain separate in estates.
- Parties will not need each other’s consent in financial dealings.
- Parties can maintain their own financial independence.
Engage with our efficient online appointment system and have us make an online appointment for you today!Ante Nuptial Contract without Accrual
When being married in community of property, no ANC is required and this can be dangerous for both parties. When a couple decides to enter marriage without an ANC, they will automatically be married in community of property – meaning both parties will have equal right to each other’s assets and there is a joint estate. On the other hand, being married out of community of property will require an ANC and there will be no joint estate. Having said that, the parties will have their own financial independence and any debt incurred by the one party, will not affect the other. For more information on having your ANC professionally drafted or having your ANC registered, call our offices for an online appointment for a professional legal consultation.Ante – Nuptial Costs at our law offices
To get an idea of price costing for our legal services, do click on our legal services page. Bear in mind that the prices on our legal services page are only doe those particular services. Legal services such as child custody, child maintenance, visitation rights for fathers and so forth, does not come with fixed prices and these are unique situations and circumstances with many factors at play. Make an online appointment with us today
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Water Crises Cape Town Newlands Springs
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Relocation with my minor child to India, Chennai (Consent and Refusal) – Advocate Muhammad Abduroaf
The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Chennai, India
If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages one or two) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Constantia or Ulundi, South Africa, and you want to relocate to Chennai, India, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Chennai, India?
The same applies when it comes to your minor child applying for a South African passport to relocate to India, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Chennai, India with my minor child? There is another parent.
To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport.
Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Chennai, India. What can I do if the other parent does not want to consent to the minor child’s relocation to Chennai, India?
If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Chennai, India, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Chennai, India. The other parent would also have an opportunity to give reasons why he or she objects.
At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Chennai, India, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Chennai, India?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Chennai, India – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Chennai, India, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Chennai, India
If you require legal assistance or representation with relocating to Chennai, India due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.
Posted on by Telelaw