Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.

How much does it cost to hire a lawyer in South Africa?

What does a family lawyer do in South Africa?

Is it possible to find a pro bono lawyer in South Africa?

What is the difference between a lawyer and an attorney in South Africa?

1. Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
2. Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
3. Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.

How much does an advocate charge per hour in South Africa?

What is the cost of a suit in law?

1. Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
2. Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
3. Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
4. Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.

• Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
• Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.

Is the Family Advocate accessible?

1. Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
2. Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
3. Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
4. Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Klerksdorp.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Klerksdorp

Whether you claim child maintenance in Klerksdorp, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Klerksdorp.

The maintenance scenario – Klerksdorp South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

1. The Child is seven years old and attends school in Klerksdorp
2. The child is cared for by the mother who works in Klerksdorp
3. The mother works and earns a Salary of R 10 000
4. The father sees the child every second weekend. He also lives and works in Klerksdorp
5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Klerksdorp, it would be the maintenance court in Klerksdorp. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Klerksdorp, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Klerksdorp Maintenance Court?

Once you have been notified of the maintenance court date by the Klerksdorp Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Klerksdorp?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Klerksdorp Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Klerksdorp Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles 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, Klerksdorp, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester