Legal Trouble

The thing about the law is that you don’t have to be doing anything wrong to get into trouble. One can make innocent mistakes and get on the bad side of the law. This can be very costly when you’re running a business. At our law offices, we offer professional business legal advice and guidance that will steer your business in the right direction. We offer the following business legal services:

Business Legal Support
Business Legislation Compliance
Drafting of Business Contacts
Drafting Employment Contacts
Business Legal Training
Private and Non Profit Company Registrations
Credit Profiles
Business Trusts Registration

Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert in any of the following business areas listed above. Here is why you should consider legal backup before your business can hit a potential snag…

Business mistakes can be costly

Whether you’re long in the game of business or just testing the waters, mistakes can unfold easily. You could be closing a business deal not realizing you signing your life away. It is times like this where the expertise of a legal expert could come in handy. Do not wait for your business to crash –act immediately and have your legal team on board.

Legal bullying

If you’re a newly flourished business, small but successful, you could start gaining the attention of big businesses. Silly, petty mishaps like marketing content, incorrect wording or images, can pose a threat to your business. Most small, self-starting business enthusiasts don’t have the legal back up immediately and big businesses know this. And so, they try and threaten your business will law suits for incorrect marketing content and so forth. These legal issues can suck your hard earned business dry should you fail to have the necessary legal back up in place. It is important that you keep all receipts and financial records of the money coming in and going out. Should there arise any financial disputes with other businesses; the black and white proof will be there for the legal expert. The numbers don’t lie!

Business Legislation Compliance

When it comes to business legislation compliance, the legal expert advises that a business should not be started without legal support. “All businesses are required to comply with legislation. Furthermore, certain laws would be specific to your business. It is therefore important that you and your staff understands, and complies with the various legislative and other measures in place in relation to your business. Therefore, no person should start a business, or continued running it, without knowing what are all the legal requirements involved. Other than the necessary licenses that might be required for the operation of your business, there are also tax issues, and various legislation that needs to be adhered to. By way of example, if your business makes use of chemicals, the environmental laws needs to be adhered to. Legal requirement would also apply if you intend exporting goods or decide to run a transportation business. There are also internal requirements that needs to be attended. Here reference is made to UIF for employees, unions, insurances etc.” Find out more on the importance of the legal and business services we offer and feel free to call our offices on 021 424 3487, for an online appointment today!

Family Legal Consultancy – Free, expert family legal advice

What sets our consultancy aside from the rest is that we incorporate family legal matters as well – with the legal expertise of the legal expert, we are able to advise on family legal matters. Below are family legal topics we deal with:

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:

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today! The creators of this website had

Posted on 11 February 2025 by Telelaw

Legal Trouble

At our law offices, we offer professional business legal advice and guidance that will steer your business in the right direction. We offer the following business legal services:

Business Legal Support
Business Legislation Compliance
Drafting of Business Contacts
Drafting Employment Contacts
Business Legal Training
Private and Non Profit Company Registrations
Credit Profiles
Business Trusts Registration

Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert in any of the following business areas listed above.

Here is why you should consider legal backup before your business can hit a potential snag…

Business mistakes can be costly

Legal bullying

It is important that you keep all receipts and financial records of the money coming in and going out. Should there arise any financial disputes with other businesses; the black and white proof will be there for the legal expert. The numbers don’t lie!

Business Legislation Compliance

When it comes to business legislation compliance, the legal expert advises that a business should not be started without legal support.

“All businesses are required to comply with legislation. Furthermore, certain laws would be specific to your business. It is therefore important that you and your staff understands, and complies with the various legislative and other measures in place in relation to your business.

Therefore, no person should start a business, or continued running it, without knowing what are all the legal requirements involved. Other than the necessary licenses that might be required for the operation of your business, there are also tax issues, and various legislation that needs to be adhered to.

By way of example, if your business makes use of chemicals, the environmental laws needs to be adhered to. Legal requirement would also apply if you intend exporting goods or decide to run a transportation business. There are also internal requirements that needs to be attended. Here reference is made to UIF for employees, unions, insurances etc.”

Find out more on the importance of the legal and business services we offer and feel free to call our offices on 021 424 3487, for an online appointment today!

Family Legal Consultancy – Free, expert family legal advice

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:

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today!

The creators of this website had

Best advice on finding a top divorce lawyer for your divorce case in Constantia – Cape Town
Do you live in Constantia, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Constantia or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Constantia or anywhere else in South Africa. The issues we shall deal with are the following.
Gender of the Advocate or attorney;
Location of the Advocate or attorney;
Experience of the Advocate or attorney;
Costs of the Advocate or Attorney; and
The personality of the Advocate or Attorney.
What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?
Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.
What is the ideal office location of the Advocate or attorney? Does it have to be in Constantia?
The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.
What level of experience should the Advocate or attorney have?
It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.
What about the Costs of an Attorney or Advocate?
For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.
What about the personality of the Advocate or Attorney?
Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.
What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?
Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

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.