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
Family Law
How to get urgent Access to your Children without the services of a Lawyer
How to get urgent Access to your Children without the services of a Lawyer (Attorney or Advocate) Are you a father or mother of a child and the other parent refuses you access/contact to that child? If that is the case, you have a right to relief from the Court for Urgent Access. A couple would bring a child into this world. Whilst the relationship is ongoing, they can see eye to eye on what is best for the child and both parties form a productive part of the child’s life. Even if the couple is not living together, the father would see the child regularly and bond with the child as is needed. However, once the relationship has severed, it often happens that the parties cannot see eye to eye on what is best for the child regarding regular contact by the father. The mother would either blatantly refuse I want to learn more
Changing your property regime
Family Law Consultancy We are a family legal consultancy and we deal with a range of legal matters that challenges our legal expertise in the most unique ways possible. Our specialized legal services include child maintenance, child custody, divorce and changing your matrimonial property regime. To top it off, we are situated in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and Burg Street, Western Cape, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Call our offices today and have your legal appointment booked online immediately. In Community of Property VS Out of Community of Property First of all, for this process to unfold legally, you need to have the guidance of a family legal expert. The legal professional will explain the different ways you can 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
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
Frequently Asked Questions and Answers on Wills – Last Wills and Testaments
Questions and Answers on Wills – Last Wills and Testaments Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below. How do I write a will for free? Is a handwritten will legal? Are handwritten wills legal in Cape Town? Do you have to go to a lawyer to make a will? Can you just write a will and get it notarized? How do I go about making a will for free? What are the requirements to make a will? What is in a simple will? Is a will valid if it is not notarized? What is a holographic will? What is the average cost of making a will? What are the requirements for a valid will? Do wills have to be dated? Is a handwritten will valid in the South Africa? Can family witness a I want to learn more
