How do you know if a Lawyer is good?

When it comes to choosing a good Attorney or legal expert, the layperson can fall into a big trap. This is not necessary due to ignorance – anyone can be fooled. Knowing this full well, we decided that this piece could help you determine whether a particular legal expert is capable of dealing with your legal matter. It is interesting to note that we often get questions such as:

Is your legal expert experienced?
How long has your legal expert been in the game?
What are his legal expertise?
What kind of law does your legal consultancy specialise in…and so forth

What is great is that our law offices can truly boast a professional legal expert who will be on board to guide you through your legal consultations. For more on the experiences and expertise of our legal expert, see the following free, expert legal advice articles in the following categories: Child Maintenance

Child Custody

Does any of these topics interest you? Make an online appointment with us today and consult with a legal expert.

Attorney and Advocate – the difference?

Believe it or not, but there is a major difference between the two professions – though both experts have the law in common. We are very much aware of the confusion so feel free to see our Advocate of the High Court page as well as our Lawyers, Attorneys, Advocates, Legal Practitioners explained page. Feel free to call our friendly receptionist to make an online appointment with us today and consult with a legal expert.

Find a specialized expert

Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. We are legal experts in family law whereby we offer a range of family law legal services. These are:

Make an online appointment with us today and consult with a legal expert.

Posted on 11 February 2025 by Telelaw

How do you know if a Lawyer is good?

It is interesting to note that we often get questions such as:

Is your legal expert experienced?
How long has your legal expert been in the game?
What are his legal expertise?
What kind of law does your legal consultancy specialise in…and so forth

Child Maintenance

Child Custody

Does any of these topics interest you? Make an online appointment with us today and consult with a legal expert.

Attorney and Advocate – the difference?

Believe it or not, but there is a major difference between the two professions – though both experts have the law in common.

We are very much aware of the confusion so feel free to see our Advocate of the High Court page as well as our Lawyers, Attorneys, Advocates, Legal Practitioners explained page.

Feel free to call our friendly receptionist to make an online appointment with us today and consult with a legal expert.

Find a specialized expert

Make an online appointment with us today and consult with a legal expert.

If you need to use official documents in foreign countries, you may need to get them apostilled.
We have documents Notarised and then Apostilled at the Western Cape High Court. Feel free to enquire about prices. It takes about 3 to 4 days from the date of receipt of the document to the date of being apostiled. Call us on 021 111 0090 or send us an email.
What is an apostille certificate?
An apostille is a certificate that verifies the authenticity of a document, like a birth certificate, marriage certificate, academic transcript, Court Order or legal document. It is important to obtain an apostille because it is recognized and accepted in foreign countries that are parties to the Hague Apostille Convention. This convention is an international treaty that simplifies the process of verifying the authenticity of documents for use abroad. It was established in 1961 and has over 120 member countries. When a document is apostilled, it means that a designated authority in the country of origin has verified its authenticity and attached an apostille certificate to it. This certificate includes information such as the issuing authority’s seal or stamp, the signature of a designated official, and other relevant details. Apostilles are necessary for many legal and administrative purposes, such as international adoptions, immigration applications, business transactions, and academic credential recognition. They streamline the process of certifying documents for use in foreign countries, reducing the need for complex authentication procedures.
Are all countries part of the Hague Apostille Convention?
It’s important to note that not all countries are part of the Hague Apostille Convention, and the requirements for apostilles can vary from one country to another. So, if you need to use a document internationally, make sure to check the country’s membership status in the convention and follow the specific requirements for obtaining an apostille in that country.

Posted on 11 February 2025 by Telelaw

I am father of a baby girl. I want to confirm my parental rights. How do I do it?

When it comes to children, the law mandates that we always prioritise the child’s best interests. It is beneficial for a child to maintain a healthy and loving relationship with both parents. Concurrently, a parent has the right to be involved in their child’s life, provided that such involvement aligns with the child’s best interests. This article addresses the process by which a father can establish his parental responsibilities and rights concerning his child.

Confirming a father’s Parental Responsibilities and Rights to his Child

In the past, terms like Custody and Access were used for parental rights. Now, the terms Care and Contact are used. The Children’s Act of 2005 states that both parents have full parental responsibilities and rights, with some exceptions. If there is a dispute, the father may need to apply to the High Court to confirm his rights, which can be costly. It is advised to consult an attorney or advocate.

The Court Application

A Notice of Motion must be drafted, supported by a Founding Affidavit, and sometimes confirmatory affidavits. These documents are filed with the Family Advocate’s Office. Once served, the mother can file opposing papers, and the father can reply. A court date will be set, and a Judge will decide the matter, possibly with a Family Advocate’s Report. Urgent applications require experienced legal counsel.

The father would essentially be requesting the following:

An Order directing that both parties (mother and father) share parental responsibilities and rights regarding the minor child, in accordance with the Children’s Act, 38 of 2005 (“the Children’s Act”), as follows:

Both parties are co-holders of guardianship over the minor child as stipulated in Section 18(2(c); 18(3); 18(4) and 18(5) of the Children’s Act.
Both parties shall share parental responsibilities and rights of care and contact concerning the minor child, as outlined in Section 18(2)(a) and (b) of the Children’s Act.
The implementation of these rights of care and contact.

The Court will consider the matter and render a decision. If the outcome is favorable, the Court would issue an Order affirming the father’s parental responsibilities and rights.

Sharing Information

This and other articles available on this website are authored by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, free resources, and posts beneficial or potentially helpful to others, please like and share them on social media by clicking the icons below. For more insightful articles and information on Family Law, visit our articles and Q&A page. If you have a legal issue related to family law and seek an answer or response, feel free to post it on our Family Law Blog. Therefore, kindly like and share. For any other legal services and advice not pertaining to family law, please visit Private Legal.

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape

This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.

Online Divorce Form

The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format

Marriages ending up in divorce

When the marriage of a couple has broken down, a divorce may be the best option. If this route is followed, then a friendly process should ensure. There is no need for spouses to fight over a divorce. It is waste of money and if there are children involved, they may come out traumatised. Therefore, in the interest of all concerned, an uncontested divorce is the best option in most cases.

What is an uncontested divorce?

An uncontested divorce happens in one of the following situations:

The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

An uncontested divorce where the parties agrees upon the terms of the divorce beforehand, can take approximately 4 (four) weeks from start to finish. The time periods can be estimated as follows:

3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
10 working days must then elapse after the summons has been served on the Defendant.
Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

If there are minor children involved, the Office of the Family Advocate would need to have a look at what provisions have been made regarding them in the Summons or Settlement Agreement. What happens in practice, is the Summons or Consent Paper is delivered to the Office of the Family Advocate. A Family Advocate would study it and endorse it if there are no concerns. If there are concerns, he or she would advise the Court thereof.

What happens at the divorce Court?

Should the divorce proceed uncontested, and set down correctly, you matter should be on the court roll. In the Western Cape High Court, divorces are dealt with closer to the end of the court roll. When your matter is called up, you would be sworn in and provide evidence. You would have to deal with the following:

That you are the Plaintiff and reside in the Western Cape.
You were married to the defendant on a certain date and place.
Show the original marriage certificate, or copy to the Court.
Confirm that there are minor children born from the marriage.
Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.

How do you know if a Lawyer is good?

Attorney and Advocate – the difference?

Find a specialized expert

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