What is a marriage out of community of property? In South Africa, a Marriage out of community of property is a legal arrangement that allows a married couple to keep their financial assets and liabilities separate from each other. This means that each spouse has full ownership and control over their own property and finances, and they are not automatically responsible for each other’s debts and financial obligations. They have to enter into an antenuptial contract. In the event of a divorce or the death of one spouse, the assets and debts of each spouse are usually distributed according to the terms of an ante-nuptial contract. There are typically two main types of marital property regimes when it comes to marriage out of community of property: Marriage out of community of property with accrual: In this type of arrangement, the couple’s financial affairs are separate during the marriage, but they I want to learn more
Family Law
I need a document to be Apostille by the High Court – What do I do?
If you need to use official documents in foreign countries, you may need to get them apostilled. We have documents Notarised and then Apostilled at the Western Cape High Court. Feel free to enquire about prices. It takes about 3 to 4 days from the date of receipt of the document to the date of being apostiled. Call us on 021 111 0090 or send us an email. What is an apostille certificate? An apostille is a certificate that verifies the authenticity of a document, like a birth certificate, marriage certificate, academic transcript, Court Order or legal document. It is important to obtain an apostille because it is recognized and accepted in foreign countries that are parties to the Hague Apostille Convention. This convention is an international treaty that simplifies the process of verifying the authenticity of documents for use abroad. It was established in 1961 and has over 120 I want to learn more
Best Divorce Lawyer – Cape Town – Advocate Muhammad Abduroaf
I’m searching for the top and best divorce attorney in Cape Town If your marriage has broken down, divorce is something to consider. And if it is what is best for you, there is no need for it to be a daunting and stressful process. Generally, if both spouses are sensible and understand the law, the divorce should be resolved in a few months at most, even if there are minor children involved. When is it necessary to hire a lawyer during a divorce? Divorce can be a complicated and emotionally charged process, and hiring a Trust Account Advocate or attorney can help ensure that your interests are protected. It is generally recommended to hire an attorney or Trust Account Advocate if you have significant assets, complicated financial situations, or minor children, or if your spouse has already hired a lawyer. Additionally, if you and your spouse are unable to I want to learn more
Trust Account Advocate – South Africa – Adv. Muhammad Abduroaf
What is An Advocate in South Africa? An advocate in South Africa is a legal professional who specialises in courtroom advocacy and giving legal advice. They are usually trained and hold experience in representing clients in court (High Court and Magistrates Court), drafting legal documents (Affidavit and Pleadings) and providing legal advice on various legal matters. There are two types of Advocates in South Africa. One is a referral advocate, and the other is a Trust Account Advocate. A referral advocate may only take on work referred to it by an attorney. There are certain exceptions. A Trust Account Advocate may take on work directly from members of the Public. In some countries, such as the United Kingdom, barristers (advocates) are distinct from solicitors (attorneys), who are legal professionals but tend to focus more on advising clients outside of court and handling legal transactions. Why can Trust Account Advocates take I want to learn more
I am looking for a divorce lawyer (Attorney or Advocate) in Cape Town
I am searching for the top divorce attorney or advocate in Cape Town, South Africa. How do I find the best divorce lawyer in Cape Town? There are a few ways to find the best divorce lawyer in Cape Town. One option is to ask for recommendations from friends or family members in Cape Town who have gone through a similar experience. Another option is to search online for divorce lawyers in Cape Town and read reviews from previous clients. You can also check with the law associations to find reputable lawyers in Cape Town. It’s essential to do your research and find a lawyer who has experience and expertise in divorce law to ensure that your case is handled correctly. How do I find the best lawyer for my divorce in Cape Town? Finding the best lawyer for your divorce in Cape Town can be a complex and overwhelming I want to learn more
Trust Account Advocate – Adv. Muhammad Abduroaf – Cape Town, South Africa
Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter. Trust Account Advocate – A relatively new concept The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions. A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney. What is an advocate? An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral I want to learn more
I am looking for the best lawyer, attorney or advocate in South Africa for my case. How do I find him or her?
I am in search of a trustworthy attorney or advocate. Please direct me to reputable sources to find one. There are many reputable sources for legal advice and services. Some options include consulting with an advocate or attorney, reaching out to a legal aid organisation, or searching for legal resources through your various websites. It’s essential to research and choose a reliable source to ensure that you receive accurate and trustworthy legal guidance, advice or representation. When do I decide that there is a need to consult with a lawyer, attorney, or advocate? Consider consulting with a lawyer, attorney, or advocate if you are facing a legal issue or have questions you need help with. Some everyday situations where you may want to consult a lawyer include: 1. You have been arrested or charged with a crime; 2. You are facing a civil lawsuit or have been served with legal I want to learn more
Trust Account Advocate South Africa – Muhammad Abduroaf
Trust Account Advocate in South Africa – How does Advocate Muhammad Abduroaf’s Practice? A relatively recent concept in South Africa is Trust Account Advocates, which came into existence in 2018. The referral advocate profession remains the prevalent type of Advocate to this day. To understand what a Trust Account Advocate is, one needs to understand what a referral advocate is. The Legal Practice Act provides a distinction between Trust Account Advocates and Referral Advocates. What is a referral advocate in South Africa? Prior to 2018, all advocates were referred to as only “Advocates”. Advocates were instructed by an attorney. What this meant was that a client would approach an attorney, who would, in turn, instruct and advocate to do work. The work the Advocate would be instructed to do predominantly relates to matters connecting to Court or litigation. Therefore, should a client want to claim money from someone, the attorney I want to learn more
Parental Guardianship Consent when it comes to School – May a parent refused to give consent?
Parental consent for a minor child’s enrolment into a school – What can you do if co-guardianship consent is refused? Children have a right to a decent education—one which would benefit them in life. Every caring parent wants to give their child the best education possible according to their specific circumstances and station in life. Not all parents earn the same amount of money or have access the best type of education. However, most parents will do their best, which the law and society expect of all parents. In doing so, they ensure that their child has the best opportunities in life. Parents co-operating in educating their minor children It is vitally important for parents to co-operate when it comes to their minor child’s education. This relates to the enrollment into a school, the paying of school fees, transportation, parent involvement, homework, etc. If one parent does not wish to I want to learn more
The father does not want to consent to a passport and the Relocation from South Africa with my minor child. What are my rights?
Relocating from South Africa with your child – When do you need consent from the father? Relocation – If you were born and raised in South Africa, it does not mean that you have to live there for the rest of your life. There are opportunities elsewhere in the world to live and continue your life’s journey. This may include a neighbouring country, or on another continent like Europe. Wherever it is, there are a few things to consider should you wish to relocate with your minor child. This is especially so if you are not relocating with the father. If you are the only parent to your child, then this article may not apply to you. This is where we will start off this article. The other parent when it comes to relocation If you are a mother and was never married to the father of your child, the I want to learn more
