Schüler To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN And to: VANESSA GAIL SCHÜLER (Respondent) Ruby Estate, Gems 5 Unit 4, Burgundy Estate CAPE TOWN O0O_

Posted on 11 February 2025 by Telelaw

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO: /2024

In the matter between:

KONRAD JOSEPH SCHÜLER (Applicant)

Identity number: 590504 5229 08 0

and

VANESSA GAIL SCHÜLER (Respondent)

Identity number: 600904 0208 08 9

NOTICE OF MOTION

TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court for an Order in the following terms:

The Applicant’s non-compliance with the requirements of forms, service, manner of service and time periods provided in the Uniform Rules of this Honorable Court be condoned insofar as necessary;
Prior to any proceeds of the sale of portion 19,346, Koppersfontein, Western Cape (the property), being paid to the Respondent:
- the Transferring Attorneys shall retain the sum equal to the outstanding debt of the former joint estate of the parties referred to in clause 3.1.3 of the Consent Paper (the debt), which was made an Order of the Regional Court for the Regional Division of the Western Cape, held in Cape Town, on 24 October 2023, under case number 165/2023 (the divorce Order) and utilise it to settle the debt;
- The Transferring Attorneys shall retain an amount equal to the sum of all payments made by the Applicant and/or debited from his Standard Bank Account calculated from 01 November 2023, which was used to pay the Respondent’s half of the debt, and reimburse the Applicant therewith on behalf of the Respondent;
The motor vehicle referred to in clause 4.1.2 of the Divorce Order, being a 2011 Hyundai Ix35 2.0 Gls/Executive, with registration number CAA 412805, shall be retained by the Applicant as his sole and exclusive property for which right the Applicant shall forthwith pay the Respondent the sum of R 3 661 (three thousand six hundred and sixty-one rand); and
Costs of this Application; and
Further and/or alternative relief.

TAKE NOTICE FURTHER that the Applicant has appointed the firm ADVOCATE MUHAMMAD ABDUROAF, with its details as stated below as his/her Legal Practitioner of record and address at which he/she shall accept notice and service of all process in these proceedings.

KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:

inform the Applicant’s Legal Practitioner within 10 (ten) days of receipt hereof of your intention to do so; and
fifteen days after you have so given notice of your intention to oppose the Application, to file your answering affidavit, if any; and further;
that you are required to appoint in such notification an address referred to in rule 6 (5) (b) at which you will accept notice and service of all documents in these proceedings.

KINDLY BE ADVISED FURTHER, that if no such notice of intention to oppose is given, the Application will be made on a date and time to be provided by the Registrar of this Honourable Court.

TAKE NOTICE FURTHER that the Founding Affidavit of KONRAD JOSEPH SCHÜLER will be used in support of this Application.

TAKE NOTICE FURTHER that the Applicant consent to service of any process in these proceedings via email using the email address [email protected].

DATED AT CAPE TOWN ON THIS DAY OF JANUARY 2024.

_______________________________

Per: Adv. M Abduroaf

(Legal Practitioner of the Applicant)

Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act)

Chambers.: The Pinnacle | Suite 702, 7th Floor Corner Strand, Burg & Castle Streets | Cape Town, 8001

Tel.: +2721 111 0090

Email.: [email protected] (Email Service)

High Court Box 115

Ref.: M22081/Schüler

To: THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

And to: VANESSA GAIL SCHÜLER

(Respondent)

Ruby Estate, Gems 5

Unit 4, Burgundy Estate

CAPE TOWN

________________________O0O___________________

Do you intend running a business?
Below are frequently asked business questions. Feel free to post your questions below.
How can I run a small business? How do you make a business plan? How much does it cost to start a business? What are the steps to starting a small business? How can I start a small business? How can I get a business license? What is a good business plan? What are the key components of a business plan? How long does it take to get a business license? What is an example of a start up cost? What are the steps to becoming a business owner? How do I go about creating a food business? Do you need a business license for a home business? Do you need a business license to sell crafts? Do you have to have a business license to open a business? Do you need a business license to do freelance work? What is a good plan? Why a business plan is important? What are the three main causes of small business failure? What are the five components of a business plan? Do business licenses expire? What is a business license? How much money does it take to start a small business? Can I deduct expenses for starting a business? How do you become a small business owner? How can I be a successful entrepreneur? How do you get a food license? How much money do you need to open your own restaurant? Do you need a business license to start a home based business? Do you have to have a business license to sell on Etsy? How much money do you have to make to pay taxes on a business? Is a hobby income taxable? How much does it cost to get a business license? How do I get a license for my business? How do I start my own freelance business? How do I apply for a business license? What is a good business plan? How do you develop a strategic plan? Why should you develop a business plan? What are the important parts of a business plan? What are the major causes of business failure? Are small businesses important? What are the seven key elements of a business plan? What are the key components of a business plan? Can you run a business without a license? Do you have to file taxes for a business with no income? Do you need a business license for a home business? Do you need a business license to sell crafts? How much does a small business owner make a year? What is the average cost of starting a small business? Can I write off my business start up costs? What is an example of a start up cost? How can I start a small business? How do you become a small business owner? What are the advantages and disadvantages of being an entrepreneur? How do you become an entrepreneur? How much does it cost to get a food license? How do you get a food license? How much does a restaurant owner make a year? How much does it cost to own a Mcdonald’s? How much does it cost to get a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Do you have to have a business license to sell on Etsy? Is it required to have a business license? Do you have to have a license to sell on Ebay? How much money does a business have to make to pay taxes? How much does a business pay in taxes? How much money do you need to make to pay taxes? Where do you put hobby income? How can I get a business license? Do you need a business license for a home business? How do I start my own freelance business? Do you need a business license to do freelance work? Do you need a business license to sell crafts? How do I apply for a business license? What is a good business plan? What is a good plan? How do you develop a strategic plan? How do you create a strategy? Why should you develop a business plan? Why a business plan is important? What are the seven key elements of a business plan? What are the five components of a business plan? What are the three main causes of small business failure? What are the major causes of business failure? Are small businesses important? Why is it important to do business? What are the seven parts of a business plan? What are the four major components of a business plan? What are the components of a good business plan? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does it cost to start a business? How can I start my own small business? What is the average income of a small business owner? How do you become a small business owner? What are the disadvantages of becoming an entrepreneur? What are the main benefits of entrepreneurship? How can I be a successful entrepreneur? What training is needed to become an entrepreneur? How do you get a food license? How long does it take to get a business license? How much does it cost to get a food license? How much money do you need to open your own restaurant? How much does a restaurant owner make a year? How much money does a small restaurant make? How much does it cost to buy a Starbucks? How much does the average mcdonalds make a day? How can I get a business license? Do you need a business license for a home business? Can you sell products without a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Is drop shipping legal? Do you have to have a business license to sell on Etsy? Is it required to have a business license? What are the seven key elements of a business plan? What are the five components of a business plan? What are the four main sections of a business plan? Why a business plan is important? What are the three main causes of small business failure? What are the components of a good business plan? What are the key elements of a business model? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does a small business owner make a year? What is the average cost of starting a small business? How long does it take to get a business license? How much does it cost to start a business? What are the steps to starting a business? How can I start my own small business? Why do you need to write a business plan? What are the seven parts of a business plan? Can I own a Starbucks? How much does a Starbucks make in a day?

Posted on 11 February 2025 by Telelaw

Relocation with my minor child to Vietnam, Ha Long (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 Ha Long, Vietnam

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 five or six) 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 Butterworth or Bloemfontein, South Africa, and you want to relocate to Ha Long, Vietnam, 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 Ha Long, Vietnam?

The same applies when it comes to your minor child applying for a South African passport to relocate to Vietnam, 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 Ha Long, Vietnam 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 Ha Long, Vietnam.

What can I do if the other parent does not want to consent to the minor child’s relocation to Ha Long, Vietnam?

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 Ha Long, Vietnam, 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 Ha Long, Vietnam. 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 Ha Long, Vietnam, 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 Ha Long, Vietnam?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Ha Long, Vietnam – 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 Ha Long, Vietnam, 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 Ha Long, Vietnam

If you require legal assistance or representation with relocating to Ha Long, Vietnam 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.

Changing your matrimonial property regime from in community of property to out of community of property

Are you married? Do you know what is your matrimonial property regime?

To register your Antenuptial Contact, Click here. Are you married in Community of Property? Do you want to change your matrimonial property regime to Out of Community of Property? Did you not know that a marriage Out of Community of Property was possible when getting married? There is legal relief for you and your spouse.

In Community of Property

All civil marriages are automatically In Community of Property. This means that there is one estate shared between wife and husband. Therefore, if anyone of the spouses incurs a debt, that debt belongs to both of them.

Out of Community of Property

The other option is to get married Out of Community of Property. This means that there are two separate estates and each party is responsible for his or her own debt. For some people, this would be a better option, especially if you are a business person.

Accrual system

The usual process to be married Out of Community of Property is to enter into an antenuptial 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.

Getting the High Court’s Consent to change your matrimonial property regime to Out of Community of Property

Once you and your spouse have decided to change your matrimonial property regime to Out of Community of Property, you would need to approach the High Court in your area for consent. If you know the law, legal process, Court rules, and procedure, you and your spouse can do it on your own. If you cannot do it on your own, an attorney would be able to do it for you. This the attorney may attend to with or without the assistance of an Advocate.

Drafting a post-nuptial contract

What they do is draft a post-nuptial contract for you which would outline what matrimonial property regime you want and also how the joint estate should be divided.

Application to the High Court for consent to change your matrimonial property regime to Out of Community of Property

Then they draft a Notice of Motion (notifying the Court what you want) and Founding Affidavit (your affidavit outlining your case etc.). Your case must satisfy the Court that:

There are sound reasons for the proposed change of the matrimonial property regime;
There has been sufficient notice to creditors regarding the proposed change; and
No other person will be prejudiced by the proposed change.

If, however, you cannot make a case for the above, your application may be unsuccessful.

Costs involved in changing your matrimonial property regime

As stated, you have to approach the High Court for consent to change your matrimonial property regime. There, therefore, would be the costs of an attorney who may instruct and advocate, and further costs in drafting and registration of the postnuptial contract. Furthermore, there is advertisement cost involved as you would have to give notice in the Government Gazette and in one or two local newspapers. You would further have to serve your application on the Registrar of Deeds and give notice to your creditors via registered mail. The total costs can range from R 25 000 – 00 should your matter be straight forward, to R 30 000 – 00 should it be more complicated.

Complicated applications to change your matrimonial property regime to Out of Community of Property

Complicated would mean the joint estate has many creditors. Furthermore, there may be many assets in the joint estate that needs to be divided, especially if they are not easily describable. The above-mentioned fee is obviously dependent on your application not being opposed by any interested party. One reason for opposing the application could be that the Joint Estate is deeply indebted to a creditor, and she feels that her claim would be prejudiced by the proposed change. Should your application be opposed for any reason, many more hours will be spent fighting for the success of your application which could costs you a small fortune and you may even be ultimately unsuccessful. Therefore, you would need to advise your legal team of all relevant facts before the application is made.

Time estimates to change your matrimonial property regime to Out of Community of Property

The estimated time in preparing your application, your post-nuptial contract and ultimately obtaining consent from the High Court is about 4 weeks. This is also dependent on whether or not the High Court is sitting within 4 weeks after the drafting of your application. If the High Court is in recess, a few extra weeks may apply. The Court may also want a report from the Registrar of Deeds which could cause delays.

Registering the postnuptial contract

Once your application is successful and the High Court, therefore, gave consent, you will usually have 3 (three) months to register the postnuptial contract. So once consent is granted, you need to see a Notary Public before whom you will sign your post-nuptial contract and then have it registered. This, therefore, needs to be done within the three months of obtaining the consent of the High Court.

Sharing is Caring

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

Related Post

Do you require a video legal advice consultation?