I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa?

Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it comes to the enforcement of their rights. However, until such time that parliament passes laws that deal explicitly with Muslim marriages and the legal consequence thereof, South Africans would be dependent on Courts to enforce their rights. It should also be noted that if a South African Court makes a ruling that affects Muslim marriages, it does not mean that the Court ruling is Shariah Compliant. The laws of Islam cannot be tainted by secular Courts, no matter how good their intentions are. Therefore, before approaching a South African court to deal with an aspect of your Islamic marriage, ensure that you first obtain the proper Sharia advice.

When is the best time to seek legal advice from an attorney or advocate if I want to divorce my spouse?

The best time to seek legal advice is before the actual talaq of faskh. You would then know your rights regarding your property, personal maintenance (alimony), child maintenance, child custody and so on. You and your spouse can then discuss these issues and come to an amicable agreement. This is the first prize, as no one wants to spend money on lawyers’ fees to resolve simple issues after divorce. It may be ideal to utilise an attorney’s services or advocate to draft a legally binding settlement agreement. If you and your spouse cannot agree regarding the item mentioned above, then unfortunately, those issues would have to be resolved in a court of law. This is what this article deals with.

How do we best deal with the issue of jointly owned property after the Islamic Divorce?

If you and your spouse own jointly owned property, for example, a house, you can continue owing it together after the marriage. However, if one of you wants to sell it and the other does not, you would need to approach the High Court to terminate the joint ownership. This can be a very long and expensive process. It would entail applying to the court for an order outlining how the property must be sold. It may first be sold via private sale and, if not possible, via a public auction. The court can also order how the proceeds should be divided. It is best to consult with an attorney or advocate in this regard.

What is the best way to resolve care and contact issues regarding minor children after a talaq or faskh?

For any legal matter, it is best to resolve issues without the need to approach a Court of Law. In the case of a Muslim marriage where there are minor children involved, it may be the best option. This is because children are negatively affected if parents litigate over them. However, it must be done if it is the only option because parents cannot see eye to eye. However, before considering litigation regarding your children, it is best to try to mediate the dispute. We suggest using a professional like a social worker, psychologist, or suitably qualified person to resolve the dispute. Most of the time, it works.

How do I apply to the Children’s Court for contact with my child?

To apply for child custody in South Africa, you may approach the Children’s Court in the area where the child resides or where the custody dispute arose. The process involves completing a form, which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you claim custody. It would be best to give reasons for your claim and any evidence that may support your case. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the best interests of the child and may also appoint a social worker to investigate and report on the child’s circumstances. The court may also order mediation to try and resolve the dispute amicably. It is important to note that custody disputes can be emotionally draining and stressful for all parties involved, especially the child. It is, therefore, advisable to seek legal advice and support from a family law attorney or advocate who can guide you through the process and ensure that your rights and the child’s best interests are protected.

What is the best way to resolve child maintenance issues regarding minor children after a talaq or faskh?

In South Africa, each parent must maintain their child according to their mean. This applies to all parents, whether or not they were married to each other in terms of Muslim Rites, Civil law, or not married at all. Before parents venture into a Faskh or Talaq, they need to discuss whether they will be paying for the minor children after they divorce. They must discuss who will pay the school fees, extra-mural, and medical expenses. If the child will be living with the mother primarily, then the father would need to pay the mother cash maintenance as well. This needs to be resolved as soon as possible. If the parents cannot resolve the issues regarding child maintenance amounts themselves, the parent claiming maintenance would need to approach the maintenance court as soon as possible. There is no need to wait until the marriage has first been resolved.

How do I apply for Child Maintenance if I am married Islamically?

The process to apply for child maintenance is the same for everyone. Whether or not you are married or not. You would need to approach the maintenance court in the area where the child resides or where the maintenance defaulter resides. The process involves completing a form which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you are claiming maintenance from. You will also need to provide proof of your income, the expenses incurred for the child, and the expenses of the person from whom you are claiming maintenance. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the financial circumstances of both parties and make a maintenance order, which will determine the amount of maintenance that needs to be paid.

I require legal assistance after my Talaq or Faskh. What is the best way to obtain legal advice or assistance?

If you require legal advice or assistance before or after your Talaq or Faskh, schedule an appointment using the link www.ourlaywer.co.za/advice. We would be able to advise and assist you where necessary.

I am a Muslim and married. What is the best legal advice you can provide to a Muslim Couple getting divorced in South Africa?

Although Muslim marriages in South Africa are not formally legislated yet, Muslims married in terms of Muslim Rites are afforded broad recognition and protection when it comes to the enforcement of their rights. However, until such time that parliament passes laws that deal explicitly with Muslim marriages and the legal consequence thereof, South Africans would be dependent on Courts to enforce their rights.

It should also be noted that if a South African Court makes a ruling that affects Muslim marriages, it does not mean that the Court ruling is Shariah Compliant. The laws of Islam cannot be tainted by secular Courts, no matter how good their intentions are. Therefore, before approaching a South African court to deal with an aspect of your Islamic marriage, ensure that you first obtain the proper Sharia advice.

When is the best time to seek legal advice from an attorney or advocate if I want to divorce my spouse?

The best time to seek legal advice is before the actual talaq of faskh. You would then know your rights regarding your property, personal maintenance (alimony), child maintenance, child custody and so on. You and your spouse can then discuss these issues and come to an amicable agreement. This is the first prize, as no one wants to spend money on lawyers’ fees to resolve simple issues after divorce. It may be ideal to utilise an attorney’s services or advocate to draft a legally binding settlement agreement.

If you and your spouse cannot agree regarding the item mentioned above, then unfortunately, those issues would have to be resolved in a court of law. This is what this article deals with.

How do we best deal with the issue of jointly owned property after the Islamic Divorce?

If you and your spouse own jointly owned property, for example, a house, you can continue owing it together after the marriage. However, if one of you wants to sell it and the other does not, you would need to approach the High Court to terminate the joint ownership. This can be a very long and expensive process. It would entail applying to the court for an order outlining how the property must be sold. It may first be sold via private sale and, if not possible, via a public auction. The court can also order how the proceeds should be divided. It is best to consult with an attorney or advocate in this regard.

What is the best way to resolve care and contact issues regarding minor children after a talaq or faskh?

For any legal matter, it is best to resolve issues without the need to approach a Court of Law. In the case of a Muslim marriage where there are minor children involved, it may be the best option. This is because children are negatively affected if parents litigate over them. However, it must be done if it is the only option because parents cannot see eye to eye.

However, before considering litigation regarding your children, it is best to try to mediate the dispute. We suggest using a professional like a social worker, psychologist, or suitably qualified person to resolve the dispute. Most of the time, it works.

How do I apply to the Children’s Court for contact with my child?

To apply for child custody in South Africa, you may approach the Children’s Court in the area where the child resides or where the custody dispute arose. The process involves completing a form, which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you claim custody. It would be best to give reasons for your claim and any evidence that may support your case.

Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the best interests of the child and may also appoint a social worker to investigate and report on the child’s circumstances. The court may also order mediation to try and resolve the dispute amicably.

It is important to note that custody disputes can be emotionally draining and stressful for all parties involved, especially the child. It is, therefore, advisable to seek legal advice and support from a family law attorney or advocate who can guide you through the process and ensure that your rights and the child’s best interests are protected.

What is the best way to resolve child maintenance issues regarding minor children after a talaq or faskh?

In South Africa, each parent must maintain their child according to their mean. This applies to all parents, whether or not they were married to each other in terms of Muslim Rites, Civil law, or not married at all. Before parents venture into a Faskh or Talaq, they need to discuss whether they will be paying for the minor children after they divorce. They must discuss who will pay the school fees, extra-mural, and medical expenses. If the child will be living with the mother primarily, then the father would need to pay the mother cash maintenance as well. This needs to be resolved as soon as possible.

If the parents cannot resolve the issues regarding child maintenance amounts themselves, the parent claiming maintenance would need to approach the maintenance court as soon as possible. There is no need to wait until the marriage has first been resolved.

How do I apply for Child Maintenance if I am married Islamically?

The process to apply for child maintenance is the same for everyone. Whether or not you are married or not.
You would need to approach the maintenance court in the area where the child resides or where the maintenance defaulter resides. The process involves completing a form which can be obtained from the court or downloaded from the Department of Justice and Constitutional Development’s website. You must provide details of yourself, the child, and the person you are claiming maintenance from. You will also need to provide proof of your income, the expenses incurred for the child, and the expenses of the person from whom you are claiming maintenance. Once the application has been submitted, the court will set a hearing date, and both parties must attend. At the hearing, the court will consider the financial circumstances of both parties and make a maintenance order, which will determine the amount of maintenance that needs to be paid.

I require legal assistance after my Talaq or Faskh. What is the best way to obtain legal advice or assistance?

If you require legal advice or assistance before or after your Talaq or Faskh, schedule an appointment using the link www.ourlaywer.co.za/advice. We would be able to advise and assist you where necessary.

Related Post

Maintenance Court Cape Town

There are number of child maintenance courts in your local area in Cape Town. Below are local maintenance courts that could be close to your area:
  • Athlone Maintenance Court
  • Mitchell’s Plain Maintenance Court
  • Wynberg Maintenance Court
[caption id="attachment_4345" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] To claim
child maintenance/child support, you should visit your closest maintenance court in your area.

Maintenance Court Procedure

Find out where about is the closest magistrates’ court in your area and pay them a visit. When visiting the Maintenance Court, bring along the necessary documents such as:
  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.
[caption id="attachment_4348" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] In attempt to claim maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. Lighter expenses such as entertainment and pocket money are also included. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analysed and the court’s decision will be based accordingly.

Child Maintenance Calculator

Our Lawyer Pty Ltd introduced a range of free legal products and services for your convenience. The child maintenance calculator. gives you a better understanding on how much maintenance you should be claiming or receiving. [caption id="attachment_4349" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] Below are our free legal products:

Child Maintenance Office numbers

Feel free to visit us at our law offices for friendly, expert legal advice and enjoy free Wi-Fi in comfortable setting. Our legal consultations are one-on-one and confidential in which the legal expert will be advising you through the process. Our Lawyer Pty Ltd offers a range of family law legal services for your convenience. You can find our office in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. [caption id="attachment_4354" align="alignleft" width="300"] Call our offices on: 0211110090
Email: [email protected][/caption] Call our legal offices today and have your legal appointment booked online for a legal consultation in child maintenance. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Are you residing out of Cape Town? No problem. Make use of our national number and call us on 087 7011 124  for your professional legal consultation. Connect with us today!            

How do I obtain contact, custody or visitation to my child? I need some advice and assistance.

advice-child-maintenance-child-custody-divorce Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier.

What are Parental Responsibilities and rights to a child?

Know your rights: 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.

When do parents need to enter into a Parenting Plan?

Mediate the issue: Not going into too much detail, all parents of children should by default have certain parental responsibilities and rights to their children. It often happens that parents who are co-holders of parental responsibilities and rights are unable to agree on how their rights should be exercised. Should that happen, then according to section 33 and 34 of the Children’s Act, they should try to agree on a parenting plan. See an expert: Basically, they should see an expert like a social worker, or psychiatrist assist them in resolving the issues they have. As long as the person is suitably qualified, they may make use of their services. They may even approach the Office of the Family Advocate. Should all go well, a parenting plan would be drafted and entered into. This parenting plan may either be registered with the Office of the Family Advocate or made an Order of Court.

When should parents approach the Child Custody Court? High Court or Children’s Court

If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court. Many times, you do not have a choice as you cannot afford legal representation. If you can afford legal representation, we advise you to make use of it.

What is the Children’s Court?

Each magisterial area has a children’s court dealing with Children’s matters. The Children’s Court would be best suited for parents who would prefer to conduct their own case. When you approach the children’s court, they provide you with forms to fill in. They would basically assist you with the process. They will issue a summons/notice to the other parent to appear at Court. Many attorneys also make use of the Children’s Court, as opposed to the High Court, when enforcing their client’s parental responsibilities and rights. Purchase a Consultation with us from our Online Shop, by clicking here.

What is the High Court?

advice-child-maintenance-child-custody-divorceEach province has a High Court. The Court procedure in the High Court is much more complicated than that of the Children’s Court. If you can afford an attorney,  and an advocate, they the High Court is another option. Specific documentation needs to be drafted. One is called a Notice of Motion, and the other, a founding Affidavit.

What are the serious parental issues the Court looks at?

There are various pertinent issues the court looks at when deciding how contact or visitation should be exercised. Each case is unique. In this article, we will list factors that may limit the exercising of your parental right of contact or care. They are:

Child Abuse

  • Child abuse has many facets. It is not only physical but psychological and emotional a swell.

Unfit parenting

  •  Not all parents are fit enough to care for a child primarily. This is especially so if there is a history of irresponsible parenting.

Living Conditions

  • The law in no way discriminates against parents based on their living conditions. However, it is a factor to consider in Child Custody Cases.

Psychiatric disorders

  • Psychiatric disorders in many cases play a role in deciding how care and contact should be exercised. If the condition is bad, a court would have to factor it in when making its decision.

How does the Court come to its decision?

advice-child-maintenance-child-custody-divorceThe Court (Children’s Court as well as the High Court) would listen to both parents and any expert appointment. Usually, the expert would provide a report. Many times, they are the office of the family advocate or a state-appointed social worker. After looking at, and hearing everything, the court would make a decision based on what is in the child’s best interest. This article has been updated. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws      

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