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:

comprising of:

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 11 February 2025 by Telelaw

Have an Ante – Nuptial Contract in place

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.

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:

comprising of:

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

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

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!

17 Relocation with my minor child to Italy, Rome (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 Rome, Italy 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 Carletonville or Pietermaritzburg, South Africa, and you want to relocate to Rome, Italy, 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 Rome, Italy? The same applies when it comes to your minor child applying for a South African passport to relocate to Italy, 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 Rome, Italy with my minor child? There is there 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 Rome, Italy. What can I do if the other parent does not want to consent to the minor child’s relocation to Rome, Italy? 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 Rome, Italy, 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 Rome, Italy. 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 Rome, Italy, 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 Rome, Italy? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Rome, Italy – 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 Rome, Italy, 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 Rome, Italy If you require legal assistance or representation with relocating to Rome, Italy 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 11 February 2025 by Telelaw

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Posted on 11 February 2025 by Telelaw

Child Maintenance / Support Questions and Answers

Our Lawyer (Pty) Ltd introduced this Child Maintenance / Support Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how much child maintenance to claim, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Maintenance / Support, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Maintenance / Support.

Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates' Court? Click here.

Other family law resources on this website

There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Child Maintenance / Support. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.

Articles and Q&A

There are a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law related topic. For example, how to apply for child maintenance, or how to get divorced. Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.

Downloadable resources

We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Child Maintenance / Support. If not, feel free to arrange a consultation with us.

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Posted on 11 February 2025 by Telelaw