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

Grandparents may be ordered to pay child support for their grandchildren

Grandparents may be ordered to pay child support if the father refuses or cannot afford to do so. “DID YOU KNOW: Advocate Muhammad Abduroaf was the advocate who won a ground-breaking case for his client? Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock?. This was not possible for over 80 years. The relevant case is Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381 .” Grandparents, parents and children – A child cannot choose his or her parents and grandparent. Moreover, every child would want to have parents who would try their best to maintain and support them until they are self-supporting. However, the reality is that that is not always the case. It often happens that parents renege on their duty to actively support their children. Grandparent supporting their grandchild I want to learn more

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

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

Parental responsibilities and care during the coronavirus lockdown in South Africa – The uncertain questions that cannot and should not be answered today

  Updated: 16 April 2020 New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed. Update: 07 April 2020 NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020) What separated and divorced parents should think about prior to the coronavirus lockdown With the world working towards eradicating the spreading of the coronavirus, South Africans are going to be placed on lockdown from 11:59 on Thursday 26 March 2020. This will endure for a period of 21 (twenty-one) days. This is what President Cyril Ramaphosa announced yesterday on national I want to learn more

What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada

What parents need to know should they wish to relocate from South Africa to the United Kingdom, Australia, United States, New Zealand or Canada with their minor child We often receive queries and requests for advice and assistance on issues relating to relocation to another country with a minor child. Related topics relate to the issue of consent for the application for a Passport for a minor child. Sometimes the issue of changing the child’s surname comes into the picture. Of course, if parents are in agreement regarding the issue of relocation and a passport application, all should go well. You may want to see a lawyer to formalise the arrangement to avoid any issues whilst the parent and the child lives abroad. However, if there are potential complications or issues of consent not being forthcoming, then this article would be of assistance. Why relocate, or emigrate from South Africa I want to learn more

Relocate with minor child. Parent Refusing Consent for a Passport

Parent Refusing Relocation, and Passport Application for Minor Child Often times, a parent would want to travel overseas, relocate or emigrate, and take the child with. However, the practical aspects thereof are not that easy. For starters, your child requires a passport. And what does the law say about passports of a minor child? As you would see later, both parents holding parental responsibilities and rights of guardianship should consent to a minor child obtaining a passport. That is a requirement in Law. But let’s say your child already has a passport. Can you still take your minor child out of the country or relocate? Yes, you can, as long as you have the consent of the other parent. This article does not only apply to parents of minor children who are not married to each other or separated. It applies to all parents of children holding parental responsibilities and I want to learn more

Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf

There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry. On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73.  The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer I want to learn more

Over 3000 legal questions and answers on Our Lawyer’s Website

Our Lawyer’s website has over 3000, yes three thousand legal advice questions and answers. No wonder this website keeps appearing when searching for family law and related matters. If you have not browsed through this website before; now is the time. You will find useful information and relevant articles. These articles relate to various aspects of family law and related matters. For example, child maintenance, child custody, divorce and so on. You would also find interesting articles relating to relocation as well as passport applications for minor children where consent is refused. Therefore, it is an authoritative website on family law. Furthermore, it is fast and secure. With over 3000 comments and answers on this website, why not go ahead and post your legal question today for free. Read an article you find interesting, and then leave a comment below. It is as easy as that. Anyone may respond to I want to learn more

Frequently asked questions regarding relocation and consent when it comes to minor children

Frequently asked questions regarding relocation and consent when it comes to minor children Relocation – Are you planning on relocating to another country or moving to a different province within South Africa with your minor child? Are you concerned about the issue of consent from the other parent? Below are some frequently asked, and related questions on the topic. We would encourage you to post and answer some of the questions, or just leave a comment. Parents often decide to relocate with their minor children. However, they do not always understand the legal requirements and implications involved. For example, can they just leave the country with the minor child or do they require the other parents’ consent? Furthermore, if consent is required and refused; what are the remedies available to that parent? With regard to the issue of moving from one province to another, unless a court order stipulates otherwise, I want to learn more

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