Uncontested divorce in South Africa First of all, what is an uncontested divorce? An uncontested divorce is a divorce in which both parties are in agreement with. Divorces of this nature takes less time and money and allows parties to pick up the pieces and move on with their lives quicker. The procedure for unopposed or uncontested divorces are simpler and straight to the point. Because both parties are already in agreement of the divorce, a formal trial is not necessary but the guidance of a legal expert may still be important. There may well be other factors relevant to the divorce, such as child custody, child maintenance and splitting of assets. This may not necessary slow down the process but the legal expert will have to work at helping the parties reach a common ground legally. For a professional legal consultation, contact our law offices on 021 424 3487 and I want to learn more
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My child is 22 years old, do I still have a legal obligation to pay child maintenance?
I need to know, when does a parent’s obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means of the parent. In this article, we will look at the aspect of when does child maintenance come to an end. In this regard, we will look at two situations, one where there is a maintenance order in place and the other where there is not. However, before proceeding with those issues, let us first deal with the issue of who should pay child maintenance. Pay child maintenance according to your means The law expects a parent to provide child support according to their respective memes. What this entails, is that a parent should only pay what he or she I want to learn more
How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
ABC guide to applying for Child Support/Child Maintenance Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question: Q: From whom may maintenance be claimed? A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her I want to learn more
Passport Application for my child. I cannot find the father to give consent at the Department of Home Affairs
Passport Application for a minor child: Mother cannot find the father to provide the necessary consent at the Department of Home Affairs. The Application is therefore refused. Passport Application for a minor child: It is not easy being a single parent, and at the same time, the primary caregiver of the child. This is even so where the other parent pays child support and regularly sees the child. This article deals with the situation where the father of the child is missing. He, therefore, does not pay any child support, nor has a relationship with the child. This causes a problem when it comes to issues of guardianship rights. For example, when the mother wants to enrol the child in a school or provide medical consent. The question would always arise – “where is the father?”, or “did the father give his consent?” When it comes to official matters, for I want to learn more
5 vital things all parents going through a divorce or separation should know
Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation? Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things I want to learn more
Child maintenance questions and answers useful to read
I have a daughter who is 3 years old. I’m having a problem the father of my daughter doesn’t support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland. We advise that you approach the Maintenance Court in our area as soon as possible. If u take him to small Court u open an easy way to him to see had s child. I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs. Now she just had another baby she decides to take me to maintenance as i refuse to double what i have been paying all this years and not just money, clothes included and a luxury pram. Now she want to go into my finance I want to learn more
Divorces Procedures and Processes – Frequently Asked Questions and Answers
Divorce – Questions and Answers on the Process and Procedure Divorces signify the end of marriages. However, it can also be seen as a beginning of a new life. Once a couple has tried everything to save their marriage, to no avail, a divorce is an inevitable consequence. With divorces, comes the law. Only a court can legally divorce you. And because of this, people have many questions on the divorce procedure and process. This post is intended to assist parties whose marriage had irretrievably broken down by answering frequently asked questions on divorces. Due to the nature of legal matters, it is best to make use of an attorney or get the advice of a legal professional when dealing with a divorce. However, we intend giving you a general overview of the divorce process below with the assistance of Adv. Muhammad Abduroaf. Family Law Questions and Answers Should you not I want to learn more
Advocate Abduroaf – Advocate of the High Court of South Africa – Cape Town
Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa Advocate Muhammad Abduroaf is an advocate of the High Court of South Africa. He has the right of appearance in any Court in South Africa. Other than representing clients in Court in legal matters, he also advises them. Read further to find out more about this exceptional legal eagle. Early success Having completed his Masters in Law Degree (LL.M) in 2003, advocate Abduroaf was the same year admitted as an advocate of the High Court of South Africa. In the same year, he further successfully represented his client in the Western Cape High Court, where history was made. This was the case of Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 38. Because of this important case, it is now possible to claim maintenance from paternal grandparents of children born out I want to learn more
I am not happy with the Maintenance Order granted by the Maintenance Court. Can I Appeal a Maintenance Judgment?
What do I do if I am not happy with the maintenance court judgment? Is it possible to appeal it? If yes, what are the steps and laws involved? Child maintenance or child support is the right of every child. It is not only a legal right, but a moral duty on all parents to adequately care and provide for their children. Unfortunately, not all parents uphold their duty and responsibility to adequately maintain their offspring. This is a very sad reality. If this is the case, a parent having primary care needs to approach the Maintenance Court for a Maintenance Order against the other parent. This would force the parent neglecting his or her child to pay child support. You may also consider reading the following articles on maintenance court appeals: What do I do if I am not happy with the maintenance court’s ruling? Is it possible I want to learn more
Maintenance: What a mother did to force the father to pay child support after 5 years
Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years Maintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance. Parents finding out Needless to say, things did not go I want to learn more
