Cape Town Magistrates’ Court

The Cape Town Magistrates’ Court If you reside in the Cape Town, Western Cape area, you will most probably fall under the magisterial jurisdiction of the Cape Town Magistrate’s Court. There details are below. Contact details of Cape Town Magistrate’s Court The physical address of the Cape Town Magistrate’s Court is situated at: 7-11 Parade Street, Cape Town, 8000 The postal address of the Cape Town Magistrate’s Court is as follows: Private Bag X9017, Cape Town, 8000 The contact number of the Cape Town Magistrate’s Court is as follows: 021 401 1511 For more information, visit https://www.westerncape.gov.za/facility/cape-town-magistrates-court . Our Family Law Clients We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. I want to learn more

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

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

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

Amendments to the Maintenance Act – Changes that took place in 2018 – Know your rights

Amendments to the Maintenance Act – Final Changes that took place in 2018 – Know your rights Parents have a legal obligation to maintain their children. The same applies to spouses who have to maintain each other, and so on. This obligation should be exercised naturally. In other words, even if a parent did not know of the law enforcing child support, he or she should have a natural inclination to do so. Unfortunately, the true reality is that it is not the case. Countless parents are taken to the maintenance court every year due to not supporting, or inadequately supporting their children. And to be fair, there are parents who abuse the maintenance process who takes the parent to court who is already adequately contributing. Now, for the maintenance enforcement process to function, working mechanisms need to be in place. This is where the Maintenance Act 99 of 1998, I want to learn more

Child Custody, Maintenance, Divorce, Relocations and other Questions and Answers

Child Custody, Maintenance, Divorce, Relocations, and other Questions and Answers     Our Lawyer (Pty) Ltd provides professional legal advice to their clients through the following options: Face to Face (At our location in Cape Town); Telephonic (We call you on the South African Landline / Mobile number provided); Video (We make use of Skype, FaceTime, and WhatsApp Video Call) If however, you have a quick and simple family law advice question you wish to ask, feel free to post it below. There would, therefore, be no need to set-up a consultation and pay a fee.   The question may relate to any of the following: Child Maintenance; Child Custody; Divorce; Relocation of minor children; Change of minor children’s surname; Guardianship rights; Passport consent issues; Domestic violence; Parenting Plans; and so on.   Useful family law Articles Below are a few useful articles written by us. Child Relocation, Passports, Custody, I want to learn more

Parenting Plans- Co-Parenting- Cape Town

What is a parenting plan? A parenting plan is a written document that outlines the duties and responsibilities of parents after a divorce. A well-drafted plan will reflect the best interests of the child. Visit schedules, visitation rights and custody rights forms the foundation of a parenting plan. A parenting plan can be seen as a shared legal contract or mutual agreement between parents after a divorce. Are parenting plans legally binding? Parenting plans are not necessary legally enforceable. Circumstantially, if a parent fails to comply with an agreement, the court will not intervene.  A parenting plan is to find a common ground between parents to reinforce their rights and responsibilities after divorce. What to include in a parenting plan Parenting plans form part of Family Law. Your family legal expert should be able to guide you through the process of drafting your parenting plan. At Our Lawyer Pty Ltd, I want to learn more

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