Most family law matters come with heightened emotions and stress. It, however, does not always have to be that way. Staying focused and rational is important to get the best results.

Many legal practitioners will tell you, the one aspect of family law, that differentiates it from other branches of law, is the emotions that it brings to their clients. It would often happen that a client breaks down, or sheds a tear in your office. This is understandable, as family law issues have a lot of history behind it. Even simple family law legal matters, for example, the terms of an antenuptial contract, can stir emotion. The lawyer under such cases has to act as a mediator, pacifier and legal advisor at the same time.

Types of family law matters that cause heightened emotions and anxiety

Before we delve into this topic, let us first bring things into perspective. These are some of the family law matters we are referring to:
  • Divorces (Contested or Undefended);
  • Domestic Violence matters;
  • Child maintenance disputes; and
  • Child custody disputes.
The actual list is more extensive. You may even want to consider including last wills and testaments and winding up of deceased estates. As can be seen from the types of matters mentioned, there are always children involved or personal relationships. Some of these relationships have lasted for decades. We often see people who were married for more than 30 years, getting divorced. And in other cases, the relationship, albeit personal, could have been for a very short while, but still, elicit a lot of emotions. For example, a domestic violence family legal matter.

The personal nature of family matters makes it harder to deal with

One of the challenges for a legal practitioner is to try to convince the client that he or she should trust the law, and not focus too much on the other party. For example, in a divorce matter, where a spouse has been abused or constantly been bullied during the relationship. The abused spouse would very often agree to sign away everything just to get divorced speedily. This is not only unfair but could lead to many issues in the future. This situation must be avoided at all costs.

Intimidation in abusive relationships

Then we have the challenge in a domestic violence matter. A party who has been abused would agree on withdrawing an application for a protection order, even though it is dangerous to do so. Or there is the situation where a party would agree that a protection order is issued against them due to being intimidated either by the other party or by his or her lawyer. This they do not do because of having committed domestic violence, but just to get the matter over and done with. The consequence of that is the applying party would have an interdict and a warrant of arrest against you which may be abused.

Intimidation in child maintenance or alimony cases

We cannot count the number of times we have been told that the reason why a parent does not want to approach the maintenance court, is due to being told by the other parent that he or she will get much less than what they are currently receiving. This is emotional and psychological abuse and not in the child’s best interest. One reason for believing the abuser is due to the relationship the parties had. The abuser was controlling and abusive during the relationship, and the victim has been brainwashed into believing everything the abuser said.

What people must try to understand in family legal matters?

Although it is understandable for someone to be anxious when dealing with family law related matters, it is important to note that issues need to be dealt with properly. If your spouse was abusive during your relationship, that does not mean it has to continue after your relationship ended. There are laws in place to protect people from abuse and violence. For example, the Domestic Violence Act. If you make use of the law, you would have a better chance of getting the legal results you want. Go to the police if necessary.

Final words to people who are intimidated by, or is afraid of the other party

Although it is easier said than done, we implore people not to allow themselves to be bullied when it comes to family law matters. This includes being intimidated by the other party, or his or her lawyer. If you have rights; enforce them. Believe in yourself and your cause and others will learn to respect it. Many cases are won by unrepresented litigants who were up against a team of lawyers. Moreover, no one has the right to belittle you or deny you of your rights. Take a stand and fight for what is right. 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  
Posted on by Telelaw

Most family law matters come with heightened emotions and stress. It, however, does not always have to be that way. Staying focused and rational is important to get the best results.

Many legal practitioners will tell you, the one aspect of family law, that differentiates it from other branches of law, is the emotions that it brings to their clients. It would often happen that a client breaks down, or sheds a tear in your office. This is understandable, as family law issues have a lot of history behind it. Even simple family law legal matters, for example, the terms of an antenuptial contract, can stir emotion. The lawyer under such cases has to act as a mediator, pacifier and legal advisor at the same time.

Types of family law matters that cause heightened emotions and anxiety

Before we delve into this topic, let us first bring things into perspective. These are some of the family law matters we are referring to:

  • Divorces (Contested or Undefended);
  • Domestic Violence matters;
  • Child maintenance disputes; and
  • Child custody disputes.

The actual list is more extensive. You may even want to consider including last wills and testaments and winding up of deceased estates. As can be seen from the types of matters mentioned, there are always children involved or personal relationships. Some of these relationships have lasted for decades. We often see people who were married for more than 30 years, getting divorced. And in other cases, the relationship, albeit personal, could have been for a very short while, but still, elicit a lot of emotions. For example, a domestic violence family legal matter.

The personal nature of family matters makes it harder to deal with

One of the challenges for a legal practitioner is to try to convince the client that he or she should trust the law, and not focus too much on the other party. For example, in a divorce matter, where a spouse has been abused or constantly been bullied during the relationship. The abused spouse would very often agree to sign away everything just to get divorced speedily. This is not only unfair but could lead to many issues in the future. This situation must be avoided at all costs.

Intimidation in abusive relationships

Then we have the challenge in a domestic violence matter. A party who has been abused would agree on withdrawing an application for a protection order, even though it is dangerous to do so. Or there is the situation where a party would agree that a protection order is issued against them due to being intimidated either by the other party or by his or her lawyer. This they do not do because of having committed domestic violence, but just to get the matter over and done with. The consequence of that is the applying party would have an interdict and a warrant of arrest against you which may be abused.

Intimidation in child maintenance or alimony cases

We cannot count the number of times we have been told that the reason why a parent does not want to approach the maintenance court, is due to being told by the other parent that he or she will get much less than what they are currently receiving. This is emotional and psychological abuse and not in the child’s best interest. One reason for believing the abuser is due to the relationship the parties had. The abuser was controlling and abusive during the relationship, and the victim has been brainwashed into believing everything the abuser said.

What people must try to understand in family legal matters?

Although it is understandable for someone to be anxious when dealing with family law related matters, it is important to note that issues need to be dealt with properly. If your spouse was abusive during your relationship, that does not mean it has to continue after your relationship ended. There are laws in place to protect people from abuse and violence. For example, the Domestic Violence Act. If you make use of the law, you would have a better chance of getting the legal results you want. Go to the police if necessary.

Final words to people who are intimidated by, or is afraid of the other party

Although it is easier said than done, we implore people not to allow themselves to be bullied when it comes to family law matters. This includes being intimidated by the other party, or his or her lawyer. If you have rights; enforce them. Believe in yourself and your cause and others will learn to respect it. Many cases are won by unrepresented litigants who were up against a team of lawyers. Moreover, no one has the right to belittle you or deny you of your rights. Take a stand and fight for what is right.

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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Tax and UIF Frequently Asked Questions

Do you have question regarding Tax and UIF? Feel free to post your questions below. What follows are samples questions that you might have in relation to your tax and UIF affairs.

Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How do you do your taxes for free? Can I file my taxes online? Is it safe to do your taxes online? Where can you get tax forms? What you need to do your taxes? How long does it take for you to do your taxes? How do you pay income tax if you are self employed? What is a person who does taxes called? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? How much should I earn to submit a tax return? Is SARS open on weekends? How much do you need to earn to pay tax in South Africa? What do you need to take to SARS? What does the tax number look like? What is a tax number? How do I register for e-filing? What is the use of SARS E-filing? What is the tax reference number? How many numbers are in a tax number? Is SARS call Centre number toll free? What is meant by provisional tax? How do you know what your tax return will be? How long will it take me to do my taxes? What you can claim on your taxes? What are the documents required to file income tax return? Can you file your taxes on your own? How do I get a tax number from SARS? How can I prepare my tax return? How do you know what your tax return will be? What is your taxable income? How do you calculate tax? How long does it take to get your tax refund? How do you figure out your taxable income? How do I get my tax return? How does a tax right off work? What is the income tax percentage? What is an income tax refund? How much is tax on income? What is the income tax? What are the tax rates for 2018? How do you calculate the tax rate? How much is tax when you buy something? What percentage of your income goes to taxes? How do you figure out the tax on a total? How much does the average South African pay in taxes every year? How much is the tax on food? How do you figure out property tax? How do you take taxes out of your paycheck? How do you do a 20% tip? How do I collect my tax return? What is the difference between a tax return and a tax refund? How do you owe taxes? Can I get tax refund in South Africa? How can I get a copy of my taxes? Do you get your money back from taxes? How far can you go back on your taxes? What is the meaning of income tax refund? How do you know what your tax return will be? How do you file your tax return? How much tax do you pay if you earn R10000 a month? How much does it cost to file taxes with SARS? How do you calculate tax? What is your taxable income? Can I file my 2015 taxes in 2018? Does SARS owe me money? Why do you get a tax refund? How long does it take to get your tax refund? What is it called when you get your tax money back? How many years do you have to file a tax return? How long does it take to get your tax refund in the bank? How long does it take to get your tax refund direct deposit? What is the tax return? What is the estimated tax payment? What is the meaning of tax threshold? What is a SARS tax return? How many days will take for SARS to refund? What is a payroll withholding tax? How do we calculate taxable income? How much money do you have to make before you have to pay taxes? Can you go to jail for not filing a tax return? How long can you go without filing a tax return? What happens if you forget to file taxes? How far can SARS go back on unfiled tax returns? How do I get my tax return? How does a tax refund work? How do you do tax deductions? How can I get a copy of my taxes? How do you know what tax bracket you re in? How do you calculate the tax rate? How do you calculate tax? What is your taxable income? What is taxable income and how is it determined? What is not taxable income? What is an example of an income? Is taxable income and net income the same thing? How salary is taxed in South Africa? What is the taxable income on the income statement? How do you calculate UIF? How much should I earn to submit a tax return? How much tax do you pay for PAYE? How do I calculate my hourly rate from my salary in South Africa? How much do you need to earn before paying tax? How much salary we have to pay income tax? When you have to pay tax? How long does it take to get your UIF money? How much money do you have to make before you have to pay taxes? What is the current tax year in South Africa? What percentage of salary is UIF? How do you figure out your taxable income? What is the maximum amount that can be deducted for UIF? How much money do you get from unemployment? How do you calculate your unemployment benefits? Can you get UIF if you resign? How do you know how much you will get for unemployment? How much does UIF pay out on maternity leave? What do I need to apply for UIF? How do you register as a work seeker? How long after retrenchment can I claim UIF? Can you claim unemployment if you abscond? Can you claim UIF if you go on pension? How do I pay UIF for my domestic worker? When can you claim UIF in South Africa? How do you figure out your severance pay? What is a reasonable severance package? How do you calculate severance package? How do they calculate severance pay? How much tax is deducted from severance pay? How much do you get in a severance package? How is a lump sum severance payment taxed? How is a severance package paid out? Can you negotiate a severance agreement? What do you get in a severance package? Are severance payments taxable income? When an employee is terminated? Is a severance package required by law? What is the statutory redundancy pay? Do you get a severance package if you get laid off? What is a tax preparer called? What you need to do your taxes? How do you pay income tax if you are self employed? How do you benefit from the taxes you pay? What is a tax return? Can you file your taxes online? How do u start your own tax service business? Can you use an auditor to file for previous years of tax?

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Domestic abuse situation

We have dealt with a range of domestic abuse situations and we have found one common ground: woman and children are always the center of it all. Unfortunately, South Africa has one of the highest statistics when it comes to abuse. When dealing with a domestic violence situation, we try to educate woman about their legal rights and what they can do on their part to break this vicious cycle. [caption id="attachment_4549" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For more about domestic violence, speak to your family legal expert today and call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

What is an interim protection order?

First of all, a protection order is a legal document that reflects clear rules and regulations for the abuser to adhere to and keeps the abuser in check. However, the interim protection order will have the date of the official order and serves as a temporary order before the actual protection order. [caption id="attachment_4550" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Should the abuser refuse to comply with the conditions of the protection order, he/she will be committing a serious offense and will be charge with contempt of court.

Domestic violence Act South Africa regulations

When it comes to domestic abuse, woman and children seem to be the key victims in domestic violence. The Act itself allows them the right to protect themselves. The Act aims to offer woman the legal support they require to put an end to the vicious cycle. [caption id="attachment_4551" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] One of the most effective ways of executing a legal action to protect yourself is a protection order or restraining order or domestic violence interdict. For more helpful information, read our article compiled by a professional legal expert on how to make a domestic violence application. Feel free to click on the links below for free, expert legal advice: [caption id="attachment_4552" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.          
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