Written by Kouthar Sambo We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. According to the court roll of the Western Cape High Court, there were twenty-one (21) uncontested divorces to be heard today. There are approximately fifty-five Magistrate’s Courts in the Western Cape and these various Regional Magistrates’ Courts, which also deals with divorces, but does not provide statistics to the public online. Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll. This was during the recess period. According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on the unopposed divorce roll after ten (10) working days have lapsed since the defendant has been served with the divorce summons: “If a spouse is served with a divorce summons and does nothing for ten (10) days, the attorney for the Plaintiff would set the matter down for hearing soon thereafter. However, should the Defendant in the divorce proceedings defend the matter, it may still be settled. In such a case, a settlement agreement or consent paper gets entered into the matter. From there onward, the matter may be placed on the unopposed divorce roll for hearing. If there are children involved, the Office of the Family Advocate should first enforce the consent paper or settlement agreement,” reiterated Abduroaf. He further added that divorces in the High Court can be costly as one will require an Attorney and an Advocate. Furthermore, an uncontested divorce could cost as much as R 15 000 – 00. “A more cost effective option would be to have it done in the Regional Court where there would be assistance from the clerks of the court,” says Abduroaf. In the event of a big or complicated joint estate, with minor children involved, he advises that you enlist the services of an attorney to attend to your divorce, even if it would be uncontested. 26 August 2016, marked a whopping thirty-one (31) uncontested divorces on the Western Cape High Court, court roll – leaving us with quite an amount of uncontested divorces for one day. Furthermore, there could be many reasons for so much divorces in one day: one of which is that the legal representatives of the parties, or the divorce parties themselves, were only available on that particular day. September 2016 reveals a modest highest amount of uncontested divorces in a single day for the past three (3) months, with the highest amount of divorces taking place on 2 September 2016, amounted to twelve (12). What’s your take on the divorce rate in South Africa? We would love to hear from you! Sharing is Caring This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal. - Telelaw (Video

Written by Kouthar Sambo

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

According to the court roll of the Western Cape High Court, there were twenty-one (21) uncontested divorces to be heard today. There are approximately fifty-five Magistrate’s Courts in the Western Cape and these various Regional Magistrates’ Courts, which also deals with divorces, but does not provide statistics to the public online. Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5^th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll. This was during the recess period. According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on the unopposed divorce roll after ten (10) working days have lapsed since the defendant has been served with the divorce summons: “If a spouse is served with a divorce summons and does nothing for ten (10) days, the attorney for the Plaintiff would set the matter down for hearing soon thereafter. However, should the Defendant in the divorce proceedings defend the matter, it may still be settled. In such a case, a settlement agreement or consent paper gets entered into the matter. From there onward, the matter may be placed on the unopposed divorce roll for hearing. If there are children involved, the Office of the Family Advocate should first enforce the consent paper or settlement agreement,” reiterated Abduroaf. He further added that divorces in the High Court can be costly as one will require an Attorney and an Advocate. Furthermore, an uncontested divorce could cost as much as R 15 000 – 00. “A more cost effective option would be to have it done in the Regional Court where there would be assistance from the clerks of the court,” says Abduroaf. In the event of a big or complicated joint estate, with minor children involved, he advises that you enlist the services of an attorney to attend to your divorce, even if it would be uncontested. 26 August 2016, marked a whopping thirty-one (31) uncontested divorces on the Western Cape High Court, court roll – leaving us with quite an amount of uncontested divorces for one day. Furthermore, there could be many reasons for so much divorces in one day: one of which is that the legal representatives of the parties, or the divorce parties themselves, were only available on that particular day. September 2016 reveals a modest highest amount of uncontested divorces in a single day for the past three (3) months, with the highest amount of divorces taking place on 2 September 2016, amounted to twelve (12). What’s your take on the divorce rate in South Africa? We would love to hear from you!

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw

court-divorce Written by Kouthar Sambo

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5^th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll. This was during the recess period.

According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on the unopposed divorce roll after ten (10) working days have lapsed since the defendant has been served with the divorce summons:

“If a spouse is served with a divorce summons and does nothing for ten (10) days, the attorney for the Plaintiff would set the matter down for hearing soon thereafter. However, should the Defendant in the divorce proceedings defend the matter, it may still be settled. In such a case, a settlement agreement or consent paper gets entered into the matter. From there onward, the matter may be placed on the unopposed divorce roll for hearing. If there are children involved, the Office of the Family Advocate should first enforce the consent paper or settlement agreement,” reiterated Abduroaf.

He further added that divorces in the High Court can be costly as one will require an Attorney and an Advocate. Furthermore, an uncontested divorce could cost as much as R 15 000 – 00. “A more cost effective option would be to have it done in the Regional Court where there would be assistance from the clerks of the court,” says Abduroaf.

In the event of a big or complicated joint estate, with minor children involved, he advises that you enlist the services of an attorney to attend to your divorce, even if it would be uncontested.

26 August 2016, marked a whopping thirty-one (31) uncontested divorces on the Western Cape High Court, court roll – leaving us with quite an amount of uncontested divorces for one day. Furthermore, there could be many reasons for so much divorces in one day: one of which is that the legal representatives of the parties, or the divorce parties themselves, were only available on that particular day.

September 2016 reveals a modest highest amount of uncontested divorces in a single day for the past three (3) months, with the highest amount of divorces taking place on 2 September 2016, amounted to twelve (12).

What’s your take on the divorce rate in South Africa? We would love to hear from you!

Sharing is Caring

Should you require any other legal services and advice, not related to family law, visit Private Legal.

Relocation with my minor child to France, Paris (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 Paris, France
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 three or four) 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 Graaff-Reinet or Kroonstad, South Africa, and you want to relocate to Paris, France, 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 Paris, France?
The same applies when it comes to your minor child applying for a South African passport to relocate to France, 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 Paris, France with my minor child? There is 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 Paris, France.
What can I do if the other parent does not want to consent to the minor child’s relocation to Paris, France?
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 Paris, France, 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 Paris, France. 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 Paris, France, 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 Paris, France?
If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Paris, France – 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 Paris, France, 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 Paris, France
If you require legal assistance or representation with relocating to Paris, France 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.

Posted on 11 February 2025 by Telelaw

I intend to leave South Africa and relocate with my minor child of the National Lockdown. What do I need to be aware of? Have a look at the checklist below.
With Covid-19 and the National Lockdown in South Africa, many things have changed. People re-looked their lives and started thinking differently about the future. As international travel is phasing in, relocating to another country may be something you have strongly considered. Now can you do it with your minor child?
Reasons people relocate to other countries
There is no reason to only live in one country for your entire life. Your work or partner in life may force you to leave South Africa and relocate to another country. Many people relocate to the United States of America, United Kingdom, Asia, and the Middle East, to mention a few. You may even want to go back to your country of birth.
Relocating with a minor child
When a parent wishes to leave South Africa and relocate to another country with a minor child, there are certain things he or she needs to be aware of. In essence, it is the issue of consent from the other parent or co-guardian. The reason for requiring consent is due to the prescripts of the Children’s Act. Section 18(3) of the Children’s Act states the following: (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. Sections 18(4) and 18(5) states: (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) . We bolded and underlined section 18(3)(iii) and 18(3)(iv) of the Children’s Act dealing with “(iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport”. So, if you are intending to relocate with your minor child to another country, make sure you comply with the following checklist:

Consent Checklist

Consent for a Passport for the minor child

– Ensure that you have the other parent or guardian’s consent for an application for a passport; – Ensure that the other parent or guardian is willing to accompany you and the minor child to the Department of Home Affairs for the Application for, or renewal of the minor child’s passport. – If the other parent or guardian does not want to give consent for the passport, then you need to approach the Court for the necessary consent. You may want to double-check with the Department of Home Affairs; but since we last checked, they require both parents and the child to be present when applying for the child’s passport. Therefore, a letter or affidavit from the absent parent may not be enough. This can be challenging if the parents live in different provinces.

Consent for relocation for the minor child

– Ensure that you have the other parent or guardian’s consent for the relocation; – Ensure that the other parent or guardian is willing to provide written consent for the minor child’s removal from the country. The necessary documents may be obtained from the Department of Home Affairs’ website. Download the necessary documents and ensure that you have all your documents in order. It is always a good idea to pay them a visit to ensure that you have all you require. The last thing you want is to board the aeroplane and be told that certain documents are missing. – If the other parent or guardian does not want to give consent for the relocation, then you need to approach the Court for the necessary consent.

Obtaining a court order

We always advise a parent who wishes to relocate overseas with a minor child to have a Court Order outlining the parental responsibilities and rights of both parents in it, as well as certain guardianship rights. For example, the order would outline when and how contact would be exercised, as well as when consent is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol into a school, the order may state that only one parent’s consent is required. t is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol in a school, the order may state that only one parent’s consent is required. 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

Various countries in the world. Which one are you intending to relocate to? Leave a comment below.

Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Congo, Democratic Republic of the Congo, Republic of the Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini (formerly Swaziland) Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece

Grenada Guatemala

Guinea Guinea-Bissau Guyana

Haiti

Honduras Hungary Italy Iceland

India

Indonesia Iran Iraq Ireland

Jamaica Japan Jordan Kazakhstan

Kenya Kiribati Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar (formerly Burma) Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Korea North Macedonia (formerly Macedonia) Norway Oman Pakistan Palau

Palestine Panama

Papua New Guinea Paraguay

Peru Philippines Poland Portugal

Qatar Romania

Russia Rwanda Saint Kitts and Nevis Saint Lucia

Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia

Senegal Serbia

Seychelles Sierra Leone

Singapore Slovakia Slovenia Solomon Islands Somalia South Africa South Korea South Sudan Spain Sri Lanka Sudan Suriname Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates (UAE) United Kingdom (UK) United States of America (USA) Uruguay Uzbekistan Vanuatu Vatican City (Holy See) Venezuela Vietnam Yemen Zambia Zimbabwe

[metaslider id=8162] This article has been updated. 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 11 February 2025 by Telelaw