Out of Community of Property with the inclusion of the Accrual Regime

Various Matrimonial Property Regimes focusing on the Accrual System Getting married is a legal act. With it comes certain responsibilities and rights. For example, you have a legal obligation to maintain your spouse. You cannot marry anyone else, and furthermore, your spouse can inherit from you interstate. Depending on the matrimonial property regime you entered into, certain legal consequences would apply regarding the proprietary (or money) aspects of your marriage. For example, to whom do money and assets belong to acquired during the marriage and before it. In South Africa, a person has three (3) choices when it comes to getting married in relation to your matrimonial property regime. They are explained briefly below. In Community of Property (Default system) A marriage in community of property is the default matrimonial property regime. You do not need to enter into an antenuptial contract in order to be married like this. Basically, I want to learn more

Steps for changing your marriage from in community of property to out of community of property

Changing your matrimonial property regime from in community of property to out of community of property Are you married? Do you know what is your matrimonial property regime? To register your Antenuptial Contact, Click here. Are you married in Community of Property? Do you want to change your matrimonial property regime to Out of Community of Property? Did you not know that a marriage Out of Community of Property was possible when getting married? There is legal relief for you and your spouse. In Community of Property All civil marriages are automatically In Community of Property.  This means that there is one estate shared between wife and husband. Therefore, if anyone of the spouses incurs a debt, that debt belongs to both of them. Out of Community of Property The other option is to get married Out of Community of Property. This means that there are two separate estates and 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

5 things everyone should know prior to engaging in litigation in South Africa

Are you intending on taking someone to court? Have you been sued? Do you require some basic advice on litigation from an experienced advocate? If you answered yes once, this article is for you. Picture outside the Western Cape High Court in Cape Town We asked Advocate Muhammad Abduroaf to provide our readers with some simple and basic information on how to conduct themselves in court litigation. He holds a decade and a half of litigation experience. Who better to ask than him? Learn more about Advocate Muhammad Abduroaf by reading the article, ADVOCATE OF THE HIGH COURT OF SOUTH AFRICA. Advocate Muhammad Abduroaf: I appeared in court countless amount of times for clients I represented. Furthermore, I drafted thousands of legal documents for them. This I did for litigants as they obviously do not have the necessary skills and experience to do it themselves. Often when a client meets with I want to learn more

Negative emotions and lack of self-belief can affect the outcome of your family legal matter – Fight for your rights without fear

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 come with it. 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 simpler family law legal matters, for example, the terms of an antenuptial contract, can stir emotion. 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 I want to learn more

Advocate of the High Court of South Africa – Eastern Cape, Free State, Guateng, KwaZulu-Natal

Advocate of the High Court of South Africa – The Advocate’s Profession in South Africa   Let us ask advocate Muhammad Abduroaf a few questions South African law has recently changed when it comes to advocates. Now it is possible for advocates to obtain trust accounts which were impossible in the past. By doing so, they would be allowed to take instructions directly from the public. In other words, the client does not first need to see an attorney. Here the Legal Practice Act No. 28 of 2014 comes into play. More than a year has elapsed since the Act has been operating in full swing.   Further below, we tapped into the experience of Advocate Muhammad Abduroaf, a practising advocate of the High Court of South Africa. He gives us some insight into the advocate profession. Although his office is located in Cape Town, he appeared and represented clients I want to learn more

How to find the right lawyer for your case. Costs, experience, and your preference.

Factors to consider when searching for child custody, divorce or child maintenance lawyers? Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across. Factors to consider when enlisting legal service from a legal practitioner There are Important factors to consider when employing, or enlisting the I want to learn more

Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?

My Child was born out of wedlock: Her mother will not consent to her surname change and for me to be registered as her biological father. What can I do? It often happens that a child is registered at the Department of Home Affairs with the mother’s surname, and later the father wants the child to have his surname. The opposite is also true. This is when the child has the father’s surname, and the mother wants her to have her surname. This often happens in cases of children born out of wedlock, or in cases where the parents are divorced. So, what can a parent do to change the child’s surname? Read on to find out the answers below. Then there is the other scenario where the details of the father are not provided when registering the child with the Department of Home Affairs. One reason for this could I want to learn more

Some interesting questions and answers regarding divorces in South Africa. Here are some questions people ask and search for online.

People going through divorces have many questions. Some we can expect, and others are very surprising. Read on to learn more about divorces and the questions people ask. How much does a divorce cost in South Africa? The cost of a divorce varies from case to case and client to client. If a divorce is undefended or agreed upon,  then the cost would be significantly low.  However,  should the divorce be contested where the parties cannot agree on the terms of the divorce,  then, under those circumstances, the ultimate cost can be very high. Factors to consider would be how many issues there are to be resolved, the number of court days required, and preparation time. In the end,  the more time that is spent on a divorce matter by lawyers, the more it would cost the client. Where can I get free legal advice on divorce in South Africa? I want to learn more

Planning on getting married? You may want to enter into an antenuptial contract

The role of antenuptial contracts in South Africa – What do you need to know before getting married? When people are in love, they often want to spend the rest of their lives together. And one way of doing so is to get married. Usually, after they got married, they will start a family. However, there is one important aspect many people do not consider before getting married. And that is the propriety regime that would apply to their marriage. In other words, what belongs to who during the marriage and after the marriage should they divorce or one spouse passes away. Marriages in community of property – The Standard Regime In South Africa, the default matrimonial property regime is that of in community of property and profit and loss.  What this means, is that whatever property the couple have during the marriage, they would share. This includes debt. Therefore, I want to learn more

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