High Court, Supreme Court of Appeal, or the Constitutional Court Appeals – Abduroaf
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Frequently Asked Questions on Divorce – Cape Town South Africa
How long does it take to get an uncontested divorce in South Africa?
If the parties are in agreement to the divorce, and sign a consent paper or settlement agreement, it can take about 4 weeks. However, if they cannot come to an agreement on all aspects, for example, child maintenance and custody, then it can take about a year. This is if all goes well an no party tries to delay the process.How long does it take to get an amicable divorce?
It all depend on the parties. If it is indeed amicable, then approximately four weeks. It is best to have a lawyer assist in the process. However, you can do it DIY. How much does it cost to get a divorce?
The Courts do not charge for a divorce. However, if you decide to do a divorce on your own, then it would be free. The only costs would be that which you pay the Sheriff to serve the summons on the other party.How long will it take for a divorce to be final?
It depends on when the hearing date of the divorce is. It can take a few weeks, or a year or so.How long does it take to get a divorce decree in the mail?
Divorce decrees are not posted to you by the Court. You would have to collect it from the Court.How much does it cost to get an uncontested divorce in South Africa?
If you make use of an attorney, the costs could be around R 5000 – 00 to R 20 000 – 00 depending on how much work could be involved. However, there are places that charge a lessor fee. Look around.Why does it take so long to get a divorce?
Is there a waiting period for a divorce in Cape Town?
You can get divorced in the Family Court or the High Court. Depending on whether you and your spouse agrees on the terms of the divorce, it can take quick. However, if it must proceed to Trial, it can take about a few months to get a date.How long do you have to wait to get married after a divorce in South Africa?
You can get married immediately. How long does it take to get a divorce in Cape Town if both parties agree?
It can take about four weeks. How long does it take to get a divorce in Cape Town if you are legally separated?
It can take about four weeks.Do you have to be separated before you can get a divorce in Cape Town?
No, you do not have to be separated. The marriage should have irretrievably broken down.How long does it take to get a divorce if both parties agree?
About 4 weeks.How much does it cost to get a divorce in Cape Town?
Depending on your lawyer, about R 5 000 – 00 to R 20 000 – 00 .What is a notice of entry of judgment in a divorce?
This does not Apply to South Africa.How long do you have to wait to get married after a divorce?
You may get married to next day.
Posted on by Telelaw
Father’s Rights – Child Custody, Child Maintenance and Divorce
Our law offices is a family legal consultancy that deals with family legal matters. We have single fathers walking into our offices on a regular basis, asking about their legal rights regarding their children. It is by no surprise that many mothers deprive the kids from seeing their father – this is sometimes done out of spite. It is however, sad to watch how the children are often used as battle grounds. We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself:- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Stripping a father from his right to see or visit his child due to inadequate or no child support
This is fairly common in many situations we’ve encountered at our law offices, to find mothers keeping the child from the father due to no, or inadequate child maintenance. Because of this, the legal expert himself makes mention of this mistake. He states that: Child support is the right of the child. And every child should obtain adequate child support from both his or her parents. However, if a parent does not pay child support, that is no reason alone to refuse him contact. Or, should he pay more child support, he would receive more contact. Maybe there are legitimate reasons why he cannot pay child support or the amount the parent wants. Maybe what the mother is claiming is excessive etc. Be that as it may, if a parent does not pay child support, the maintenance court should be approached for assistance. Should a parent refuse the other parent contact to his or her child due to not paying child support, notwithstanding the non-paying parent having parental responsibilities and rights to have contact with that child, the refusing parent is clearly showing a disregard for the law and what is in the minor child’s best interests. Do feel free to read more on this topic on How to win your child custody and child access court case – Tips and Tricks Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Can a father gain full Child Custody over a child?
According to the law, this is highly possible. Of course, this will depend upon a number of factors before the court decides what, or rather in whose care is the child most safe. However, let’s take a look at what our legal expert says about this: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act. Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following:
18. (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. Learn more about how you can gain full custody of your child . It is however, suffice to mention that our online appointment system allows the layperson to effortless make an online appointment. The creators of this website has ensured that the website is user friendly. In doing so, we have made this website mobile friendly, efficient and fast for your convenience. Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!Parental Rights in South Africa
The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests. When terminating parental responsibilities and rights, the court will:- What is best for the child rather than parents
- The relationship between the child and guardian
- The dedication the guardian has shown to taking care of the child and
- Other factors that may be relevant to the court.
For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today! There are certain concerns our single fathers face and therefore, we have put together well thought out, free expert advice articles that can help you put things into perspective. Simply click on the links below:- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
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
Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Seshego Children’s Court
Family law legal matters can be very stressful. This is so whether you live in Seshego or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client.
This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Seshego. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Seshego or any other city in South Africa.
What to do before visiting the Seshego Children’s Court
Before you approach the Children’s Court in Seshego, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Seshego has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Seshego Children’s Court for assistance.
TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.
Approaching the Seshego Children’s Court
The Seshego Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Seshego Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you.
Once you arrive at the Seshego Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2.
In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
- PART A: PARTICULARS OF CHILD(REN)
- PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
- PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
- PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
- Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
- Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Seshego.
TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.
Processing your Application at the Seshego Children’s Court
Once you complete the Form A and submit it to the Clerk of the Seshego Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow.
TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.
Appearing in the Seshego Children’s Court
When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
- Get a social worker involved in the matter;
- Appoint a legal representative for the minor child;
- Implement interim care and contact arrangements;
- Having the parties attempt to agree on a parenting plan;
-
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests.
TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.
Finalising the matter in the Seshego Children’s Court
Once the Seshego Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later.
TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided.
The above Seshego Children’s Court Application tips should apply to the following provinces and cities:
Eastern Cape:
Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha
Port Elizabeth, Queenstown, Uitenhage, Zwelitsha
Free State:
Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom
Gauteng:
Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging
KwaZulu-Natal:
Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi
Limpopo:
Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi
Mpumalanga:
Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth
Western Cape:
Bellville, Seshego, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester
Posted on by Telelaw