Quick divorce in South Africa

Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property. Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved. In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks. Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial. Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today. We offer the following divorce services: Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this? Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks. One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation.  Call our offices today and have your legal appointment booked online immediately. It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place. During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process. Call our offices today and have your legal appointment booked online immediately.    
Posted on by Telelaw

Quick divorce in South Africa

Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property.

Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved.

In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks.

Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends on the overly burdened court rolls in which parties have to wait long for their divorce to go to trial.

Feel free to make an online appointment today with Our Lawyer Pty Ltd, or call our law offices on 021 424 3487 for an online appointment today.

We offer the following divorce services:

Make an online appointment today!

South African divorce law – married in community of property

First of all, when two parties get married without an Ante-Nuptial Contract, then they are automatically married in community of property. What is meant by this?

Well, to put it simply, all assets owned by you and your spouse are combined and belong to both of you. Why is this such a bad thing? Well it’s not necessary a bad thing but does call for major financial risks.

One could say that both, married in and out of community of property, has its financial gains and losses. If you are married in community of property, it means that both parties will receive 50% of everything owned. In addition to this, it also means that any debt incurred by your spouse while being married, is your debt as well. In the case of death, assets will be frozen until officials reach a conclusion as to who gets what and how much.

Online legal appointment to change your matrimonial property regime…

With our online appointment system, our receptionist sets the appointment up for you regarding the change in your matrimonial property regime. This can be done while on the phone. No long, complicated details but just the basic information required for your professional legal consultation.  Call our offices today and have your legal appointment booked online immediately.

It is crucial to note that having your legal consultation booked, does not mean that it is official. The person in question will have time to consult with their spouse or find out more about our expertise on our website. The time and date for the consultation will be confirmed once payment has been made in advance date of the consultation set to take place.

During your legal consultation, you will have a well experienced family legal expert who will be advising and guiding you through the process.

Call our offices today and have your legal appointment booked online immediately.

 

 

Related Post

Non Compliance with Court Order Divorce

All parents ought to see to their children’s needs whether married or unmarried. The court however, need not intervene when parents have informally agreed to see to the maintenance of the child. Most times however, divorced parents do not see eye to eye and seek the court’s intervention for child support. [caption id="attachment_4485" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] Our law offices boast a well experienced family legal expert who can offer you quality legal advice in child maintenance, child custody and divorce legal matters. During our years of experience, we’ve found that parties usually resort to a maintenance order when they don’t see eye to eye. A maintenance order is a direct legal instruction for the parent to pay child support – failure in doing so is a serious offense. For free professional, legal expert advice on non-compliance with maintenance orders, click on our child maintenance articles below: [caption id="attachment_4499" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption]           Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street, Cape Town. Feel free to call our offices and have our friendly receptionist make an online appointment for you for a professional legal consultation today.

Breach of Court Order

It is not uncommon to find that a parent fails to pay maintenance irrespective of the court order that was granted. When this happens, the following must be done:
  • A formal complaint must be laid at your closest maintenance office
  • The maintenance office will hold a record of a series of payments that’s been made previously and this record will automatically reflect a lapse payment as well.
  • If the parent happens to be employed and still refuse to pay maintenance, the court may enforce an order to get the maintenance from the work directly.
  • When a court order is in place and the other party refuses to pay regardless, the court will call them in. On this day, the court will hear them out as to why they have disobeyed the maintenance order and it will be expected for the other parent to pay all maintenance owed. Failure to comply with the maintenance order means that they will go to jail.
[caption id="attachment_4486" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] For more information on non-compliance with a maintenance order, speak to your family law legal expert today and call our offices for an online appointment today.

Maintenance Arrears Enforcement

Are you in arrears with maintenance and fear the legal consequence of this? [caption id="attachment_4488" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption] It is time you speak to your family legal expert and have some direction with the way forward. The court take a lot into consideration before passing judgment as to how much maintenance should be paid. Call our law offices on 021 424 3487 and have an online appointment made for you for a professional legal consultation today. Should you be residing out of Cape Town, then feel free to call our national number on 087 701 1124 today. Connect with us!
Posted on by Telelaw

What is An Advocate in South Africa?

An advocate in South Africa is a legal professional who specialises in courtroom advocacy and giving legal advice. They are usually trained and hold experience in representing clients in court (High Court and Magistrates Court), drafting legal documents (Affidavit and Pleadings) and providing legal advice on various legal matters. There are two types of Advocates in South Africa. One is a referral advocate, and the other is a Trust Account Advocate. A referral advocate may only take on work referred to it by an attorney. There are certain exceptions. A Trust Account Advocate may take on work directly from members of the Public. In some countries, such as the United Kingdom, barristers (advocates) are distinct from solicitors (attorneys), who are legal professionals but tend to focus more on advising clients outside of court and handling legal transactions.

Why can Trust Account Advocates take on work directly from members of the Public?

All Trust Account Advocates have Trust Banking Accounts and Fidelity Fund Certificates. The Client would then pay money into the Trust Account Advocates banking account, which funds are protected. Therefore, should a Trust Account Advocate misappropriate the capital of a client who paid money into the Trust Banking Account, the Client can claim from the Fidelity Fund.

What is child custody law?

Child custody refers to parents’ legal rights and responsibilities (Parental Responsibilities and Rights) over their children after a separation or divorce. This includes having access or contact with the child and making decisions about their child’s upbringing, such as their education, healthcare, and religious upbringing. A Trust Account Advocate may represent a client directly in a child custody matter.

What is child maintenance law?

Child maintenance law, also known as child support law, refers to the legal framework that governs the financial support a non-custodial parent must provide for their child. Child maintenance laws help ensure that both parents are financially responsible for their child’s upbringing and well-being, even after a separation or divorce. The law provides guidelines for determining how much child support should be paid, how often it should be paid, and how it is collected. In South Africa, we have the Maintenance Act and the Maintenance Courts. A Trust Account Advocate may represent a client directly in a child maintenance matter.

What is divorce law?

Divorce law refers to the legal rules and regulations that govern terminating a marriage. This includes the grounds for divorce, division of property, spousal support (alimony), child custody, and visitation rights. Divorce laws vary from country to country and even from state to state within a country. These laws ensure that the divorce process is fair and equitable for both parties involved. They provide a legal framework for resolving disputes and ensuring that the rights and interests of all parties, including any children involved, are protected. A Trust Account Advocate may represent a client directly in a divorce matter.

What does child relocation law mean and entail?

Child relocation law refers to the legal rules and regulations governing children’s movement from one geographical location to another. This can either relate to provincial or international relocation. This law concerns the child’s well-being and ensures that relocation is in their best interest. It entails a range of factors that need to be considered, such as the child’s relationship with each parent, the distance of the proposed move, and the child’s educational and social needs. Ultimately, the court will decide based on what is deemed in the child’s best interest. A Trust Account Advocate may represent a client directly in a child relocation matter.

What is a parenting plan?

A parenting plan is a legal document that outlines the rights and responsibilities of each parent in the upbringing of their child or children after a separation or divorce. This plan is created to ensure that each parent is aware of their obligations and that the child’s best interests are considered. It typically includes details about the child’s living arrangements, visitation schedules, decision-making responsibilities, and financial arrangements. Parenting plans are usually created through mediation or negotiation between the parents, with the assistance of a lawyer, social worker, psychologist or the Office of the Family Advocate. A parenting plan can reduce conflict and provide a stable and predictable environment for the child. A Trust Account Advocate may assist a client directly in a matter involving a parenting plan.

What is child guardianship?

Child guardianship is a legal term that refers to the responsibility and authority of a person to make decisions about the care, welfare, and upbringing of a child who is not their biological child. This can happen when the child’s parents are unable or unwilling to care for the child due to various reasons such as death, illness, or incarceration. The guardian then assumes the role of a parent, making decisions about the child’s health, education, and general well-being. Guardianship can be temporary or permanent and can be granted by a Court. The primary goal of child guardianship is to ensure that the child is provided with a safe and stable environment free from neglect or abuse. A Trust Account Advocate may represent a client directly in a child guardianship matter.

What is passport consent?

Passport consent is a legal requirement that specifies that both parents or legal guardians must provide their written consent before a child can obtain a passport. This is intended to prevent child abduction and ensure both parents have equal rights and responsibilities regarding their child’s travel. Passport consent is required for children under 18, although the age limit may vary depending on the country. Both parents must sign the consent, and in some cases, they may need to provide additional documentation, such as proof of custody or a court order. Without the consent of both parents or legal guardians, a child will not be allowed to obtain a passport or travel internationally. This is confirmed in the Children’s Act. A Trust Account Advocate may represent a client directly in a passport consent matter.

What is domestic violence?

Domestic violence is any form of abusive behaviour in a personal or family relationship. This can include physical, sexual, emotional, or psychological abuse, financial control or coercion. Domestic violence can occur between partners, spouses, parents and children, siblings, or other family members. It is a severe issue that affects people of all ages, genders, and socioeconomic backgrounds. Domestic violence can have severe and long-lasting effects on the victim’s mental and physical health, and it is a leading cause of injury and death for women worldwide. It is essential to seek help if you or someone you know is experiencing domestic violence, as resources are available for support and assistance. A Trust Account Advocate may represent a client directly in a domestic violence matter.

What is a prenuptial contract?

A prenuptial contract, also known as a prenuptial agreement or prenup, is a legal agreement between two people planning to marry. This agreement sets out how the couple’s assets will be distributed in the event of divorce, separation, or the death of one of the parties. A prenuptial contract can cover various issues, such as property ownership, spousal support, and inheritance rights. It is designed to protect each party’s financial interests and to provide clarity and certainty in the event of a relationship breakdown. Prenuptial contracts are not just for wealthy couples, and they can be helpful for anyone who wants to protect their assets and avoid prolonged and costly legal disputes in the event of a separation or divorce. A Trust Account Advocate may represent a client directly in an issue involving a prenuptial contract.

What is a pre-nikkah agreement?

A pre-nikkah agreement is a legal agreement between two people who plan to get married under Islamic law. This agreement sets out the rights and responsibilities of each party in the event of a divorce or separation. It can cover issues such as property division, financial support, and child custody. The purpose of a pre-nikkah agreement is to provide clarity and certainty to both parties in the event of a future dispute. It is important to note that the validity and enforceability of pre-nikkah agreements vary by jurisdiction and may be subject to certain legal requirements. A Trust Account Advocate may assist a client directly with a pre-nikkah agreement.  

Posted on by Telelaw

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