Have an Ante – Nuptial Contract in place

It is not uncommon for people wanting to change their property regime. When we deal with legal matters of this nature, we urge people to make sure that they understand the process and what it means going forward once this has been done. For those of you contemplating marriage, the legal expert would advise that you have an Ante – Nuptial Contract in place. Here he explains why this is crucial in protecting your assets: The usual process to be married Out of Community of Property is to enter into an ante nuptial contract before the marriage. The contract will have clauses in it stating:
  • That there shall be no community of property;
  • That there shall be no community of profit or loss; and
  • That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.
However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984. For more on this topic, see How to Change Your Matrimonial Property Regime . The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas, see the following links:
  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa
comprising of:
  1. Divorce guide
For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

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!

Professional legal drafting services

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: 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.

In Community of Property VS Out of Community of Property

First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can go about altering your matrimonial regime between you and your spouse. In turn, the parties involved must gain a clear understanding of why they’re changing their property regime and how this will impact their financial situation. It is therefore the duty of the legal expert to ensure that you are doing things legally correct. Do you have some questions you would like to ask regarding this topic? See Changing your Matrimonial Property Regime Questions and Answers page. Our professional legal consultation can be conducted telephonically, whereby we will be making the call to the potential client for 40 minutes or for part thereof. We are highly accommodating towards our clients and strive to make this website, and the process of obtaining legal advice, as efficient as possible. For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!    
Posted on by Telelaw

Have an Ante – Nuptial Contract in place

It is not uncommon for people wanting to change their property regime. When we deal with legal matters of this nature, we urge people to make sure that they understand the process and what it means going forward once this has been done.

For those of you contemplating marriage, the legal expert would advise that you have an Ante – Nuptial Contract in place. Here he explains why this is crucial in protecting your assets:

The usual process to be married Out of Community of Property is to enter into an ante nuptial contract before the marriage. The contract will have clauses in it stating:

  • That there shall be no community of property;
  • That there shall be no community of profit or loss; and
  • That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.

However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984.

For more on this topic, see How to Change Your Matrimonial Property Regime .

The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas, see the following links:

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa

comprising of:

  1. Divorce guide

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

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!

Professional legal drafting services

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:

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.

In Community of Property VS Out of Community of Property

First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can go about altering your matrimonial regime between you and your spouse.

In turn, the parties involved must gain a clear understanding of why they’re changing their property regime and how this will impact their financial situation. It is therefore the duty of the legal expert to ensure that you are doing things legally correct.

Do you have some questions you would like to ask regarding this topic? See Changing your Matrimonial Property Regime Questions and Answers page.

Our professional legal consultation can be conducted telephonically, whereby we will be making the call to the potential client for 40 minutes or for part thereof. We are highly accommodating towards our clients and strive to make this website, and the process of obtaining legal advice, as efficient as possible.

For a one on one professional legal consultation with the family legal expert, call our law offices for an online legal appointment today!

 

 

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Family Law Service – Advocate Muhammad Abduroaf – Finding the best lawyer for you.

Appeals and Reviews Advocate Muhammad Abduroaf South Africa Best Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you’re facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference.

Expertise and Specialisation

One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions.

Personalised Approach

We recognise that every client and every case is unique. That’s why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop strategies and solutions customised to your circumstances, ensuring the best possible outcome for your case.

Commitment to Excellence

At Advocate Muhammad Abduroaf, excellence is not just a goal – it’s our standard. We are committed to providing our clients with the highest quality legal services, characterized by thorough research, meticulous attention to detail, and strategic thinking. Our track record of success speaks for itself, with numerous satisfied clients who have benefited from our dedication to excellence.

Responsive and Accessible

Legal matters can be stressful and overwhelming, so we prioritise responsiveness and accessibility. Our team is readily available to address your questions, concerns, and needs throughout your case. Whether you prefer to communicate via phone, WhatsApp, email, or in-person meetings, we are here to provide you with the support and guidance you need when you need it.

Cost-Effective Solutions

Legal representation shouldn’t break the bank. That’s why we are committed to providing cost-effective solutions that deliver value for our clients. We offer transparent billing practices and strive to minimise unnecessary expenses wherever possible, ensuring you receive top-notch legal services without the hefty price tag.

Ethical and Professional Conduct

Integrity and ethics are at the core of everything we do. Our team adheres to the highest standards of professional conduct, ensuring your case is handled with the utmost integrity, honesty, and discretion. You can trust that your legal matters will be handled with care and respect, and your confidentiality will always be protected. In conclusion, choosing the right law firm can significantly impact the outcome of your legal matters. At Advocate Muhammad Abduroaf, we offer expertise, specialisation, personalised service, commitment to excellence, responsiveness, cost-effective solutions, and ethical conduct. These qualities set us apart and make us the ideal choice for clients seeking top-notch legal representation. Contact us today to learn how we can assist you with your legal needs. If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details:
    • Tel.: 021 111 0090
    • Email.: [email protected]

The Firm: Advocate Muhammad Abduroaf

Trust Account Advocate. Advocate Muhammad Abduroaf is a registered firm with the Legal Practice Council of South Africa. It holds offices in Cape Town. However represents clients all over South Africa. If required, he would travel out to your province to attend to you matter. Advocate Muhammad Abduroaf is a Trust Account practice, which means it may take instructions directly from members of the public. This is compared to referral advocates who may not take instructions directly from members of the public. Advocate Muhammad Abduroaf’s practice allows clients to deposit money into their Trust Account. To do so, it needs to hold a valid fidelity fund certificate, which it does. Advocate Muhammad Abduroaf may appear on its client’s behalf in all courts in the Republic of South Africa. These include the Constitutional Court, the Supreme Court of Appeal, all High Court and magistrates courts in all provinces in South Africa. The services you may instruct the firm of Advocate Muhammad Abduroaf to represent you in are as follows:

High Court matters

  • Civil claim surrounding money;
  • Interdicts;
  • Divorces (Opposed and unopposed);
  • Child Custody and guardianship disputes;
  • Relocation of minor children;
  • Various criminal matters;
  • Minor children surname changes;
  • Appeals and Reviews; and
  • Other matters.

Magistrates Court matters

  • Civil claim surrounding money;
  • Various criminal matters;
  • Interdicts;
  • Maintenance Court matters;
  • Divorces Court matters (Opposed and unopposed)’
  • Children’s Court matter; and
  • Other matters.

Constitutional Court

  • Appeals

Supreme Court of Appeal

  • Appeals and Reviews

Consult with, or Instruct Advocate Muhammad Abduroaf

If you would like to have a legal advice consultation with Advocate Muhammad Abduroaf, feel free to use the Our Lawyer online appointment form by clicking here. Should you already have consulted with Advocate Muhammad Abduroaf and wish to mandate and instruct the firm, kindly proceed with completing the mandate form using this mandate link. We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg

Posted on by Telelaw

Senior family law expert giving the best simple advice on International Relocation of minor children – Adv. Muhammad Abduroaf

International Relocation matters concerning minor children is one category of our law that requires more attention than other categories of family law. If you intend to relocate overseas with your minor child or do not want your minor child to relocate with the other parent, this article is for you. Advocate Muhammad Abduroaf is a senior family law expert with over twenty years of experience in Family law. He runs a Law Firm styled Advocate Muhammad Abduroaf in Cape Town. He is a Trust Account Advocate. What this means, he takes on work from members of the public directly. Other advocates need to be instructed by an attorney to act in your case.

When does the relocation of minor children disputes arise?

The starting point is that parents and their children live in South Africa. A parent, usually the primary caregiver, wants to relocate with the minor child to another country. For this example, we will assume both parents are co-holders of parental responsibilities and rights of guardianship over the specific minor child. For the minor child to leave the Republic of South Africa and relocate with the other parent overseas, the guardianship consent of the parent remaining in South Africa would be required. This is a requirement as provided for in section 18 of the Children’s Act. A dispute arises if the parent remaining in South Africa does not consent to the relocation of the minor child to a different country. This is so as, without a court order stating otherwise, the minor child would not be allowed to relocate overseas.

When should a parent approach the Court in an international relocation matter involving a minor child?

In principle, anyone can approach a court for any matter. However, not everyone would be successful in their case. Therefore, before you approach the Court for consent for the minor child to relocate with you to a different country, you must make sure you have a strong case. On the other hand, if you are a parent whose consent is required and do not want to provide it, you must ensure you have a reason for refusing it. If, however, you do have a strong case, as we would explain further below, for the relocation, then in that case, you should approach the Court.

The best interests of the child’s principle

Both the South African Constitution and the Children’s Act clearly state that a child’s best interests are the most critical factor when it comes to it. In other words, not the best interests of the parents, but the best interests of the child. However, there are cases where upholding the interests of a parent would be in the minor child’s best interests. For example, a much better job offer. In relocation matters, if the parents cannot agree on the relocation of the minor child, then the Court would intervene and only direct that the relocation is authorised if it is of the view that it would be in the minor child’s best interests.

What do I present to the Court regarding international relocation matters?

According to Advocate Muhammad Abduroaf, the reason why people relocate is vast. For most, it is for work or a better life; for others, it is related to going back home or living with a spouse or a loved one. However, that is the reason why the parents want to relocate. Whatever the reason, you need to demonstrate that the minor child would not be in a worse position after the relocation. Therefore, you would have to demonstrate that there would be adequate housing, food, education, medical services and so on after the relocation. In other words, the minor child would not be neglected and would have a good life with his or her primary caregiver.

What can I do if I do not want the relocation to take place?

It is scarce where the non-primary caregiver wants to relocate with the minor child. However, given the correct facts and circumstances, it is possible. In this example, the primary caregiver wants to relocate with the minor child, and the parent remaining behind does not want to consent. That parent must show that it would not be in the minor child’s best interests to relocate. The parent may even go as far as to show that they can care well enough for the minor child in South Africa and that the de facto primary caregiver is welcome to relocate without the minor child.

When do I approach the Court?

As already alluded to above, if the parents cannot come to an agreement regarding the relocation of the minor child to a different country, then in that case, the Court should be approached. It is best to make use of an experienced family lawyer (attorney or Trust Account Advocate). Both parents would provide information in the form of affidavits to the Court as to reasons for the relocation and/or the refusal thereof. In many cases, the Court would appoint the Office of the Family to get involved and do an investigation as to what is in the minor child’s best interests. The Court would then make a ruling on the relocation of the minor child to a foreign country.      

Posted on by Telelaw

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