Divorces – Articles and Posts

Divorce – Articles and Posts

Kindly view articles and posts on Divorces. Should you wish to set up a consultation with us for legal advice on any divorce topic or issue; feel free to contact us on 0214243487. You may also click on this appointment link and do it online.

Family Law Questions and Answers

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Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

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Divorces Procedures and Processes – Frequently Asked Questions and Answers

Divorce – Questions and Answers on the Process and Procedure Divorces signify the end of marriages. However, it can also be seen as a beginning of a new life. Once a couple has tried everything to save their marriage, to no avail, a divorce is an inevitable consequence. With divorces, comes the law. Only a court can legally divorce you. And because of this, people have many questions on the divorce procedure and process. This post is intended to assist parties whose marriage had irretrievably broken down by answering frequently asked questions on divorces. Due to the nature of legal matters, it is best to make use of an attorney or get the advice of a legal professional when dealing with a divorce. However, we intend giving you a general overview of the divorce process below with the assistance of Adv. Muhammad Abduroaf. Family Law Questions and Answers Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links: Divorces – Questions and Answers Child Custody – Questions and Answers Child Maintenance – Question and Answers Domestic Violence – Questions and Answers You are welcome to call us on 021 424 3487 / For other legal ...
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Divorce Lawyer Attorney Advocate Cape Town

Divorce Attorney – Frequently Asked Questions to and Attorney or Advocate

Questions on Divorces to an Attorney or Advocate Below are some questions people have regarding divorces that they may pose to an Attorney. Should have any questions on a divorce, feel free to post it below. Family Law Questions and Answers Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links: Divorces – Questions and Answers Child Custody – Questions and Answers Child Maintenance – Question and Answers Domestic Violence – Questions and Answers You are welcome to call us on 021 424 3487 / For other legal and business services, feel free to visit: Business SA or Private Legal. Can you get a divorce without your spouse’s consent? Yes, you can. The process will take longer if it is defended. How do you get a divorce if you have no money? Approach the Magistrate’s Court in your area for assistance with your divorce. You do not need a lawyer. Can you refuse to get a divorce? Yes, you can. However, the Court would grant the divorce if the marriage has broken down and cannot be saved. Can I do my own divorce? Yes, you can do your own divorce. There is no need ...
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Divorce Lawyers – Children – Custody – Visitation – Cape Town

Divorce Lawyers – Make sure your Attorney or Advocate is on your side Divorce Lawyer – Divorces need not be difficult. With a large number of marriages ending up in divorce; surely the process should be simple. When a marriage has broken down irretrievably, life needs to go on. It is senseless to make up for your unsuccessful marriage, by trying to have a successful divorce. If there are children involved, there is even more reason not to fight. And if there are no children involved, the only outstanding issues would be property. But if you were married out of Community of Property, there is no need to fight at all. This is where a good divorce lawyer comes in. Family Law Questions and Answers Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links: Divorces – Questions and Answers Child Custody – Questions and Answers Child Maintenance – Question and Answers Domestic Violence – Questions and Answers You are welcome to call us on 021 424 3487 / For other legal and business services, feel free to visit: Business SA or Private Legal. This article does not deal with the procedural aspects of ...
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How to win your Divorce Court Case – TIPS TRICKS

Divorces – What are your chance of getting a fair outcome? Tips and Tricks Divorce cases can be straightforward or riddled with issues. Not legal issues, but emotional issues, especially when there are children involved. What about the proprietary aspects? Well, that is the easy bit. If parties are married in community of property, there should not be much to argue about. The law is the law. Each party should get what the law says they are entitled to – in this case, an equal division of the joint estate. Read here to find out how to attend to your own unopposed divorce. Easy divorces are rare In our view, the simplest divorce would be when the couple was married with an ante-nuptial contract, which excluded community of property and the accrual regime in a case where there are no minor children born from the marriage. In such a case, all that is required is a decree of divorce. However, if there are minor children involved, then the parties may be at loggerheads as to who should have custody, or how visitation should be exercised. Then there is the issue of child maintenance, which can be a tedious and complicated matter to resolve. Some sound legal advice ...
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Questions on Divorce – Frequently Asked Questions and Answers South Africa

Frequently asked questions on Divorce Purchase a Consultation with us from our Online Shop, by clicking here. Advocate Muhammad Abduroaf – Advocate High Court of South Africa We proud ourselves on our knowledge on family law, and related matters relevant to South Africa. This includes issues and questions surrounding divorces, custody and child maintenance. Feel free to browse through the questions and answers below. Should you not find the answer to a divorce question you are looking for, scroll down to the bottom of this page and post your divorce related question. Or you my click here to to take you to the bottom of this post where the questions starts. Want to know more about Rule 43 Applications in the High Court and Rule 58 Applications in the Magistrates’ Court? Click here. How does it work to get a divorce / divorce process? Only a court of law can divorce you. Therefore, a spouse should take the other spouse to court. You or your lawyer would have to approach the Divorce Court of the Family Court. What is the procedure or process a for divorce? One party needs to sue the other party for a divorce. This can be done in the High Court of the ...
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Basic Divorce Guide – Western Cape High Court – Cape Town

Basic Divorce Guide – Western Cape High Court – Cape Town Written by Adv. Muhammad Abduroaf (LL.B LL.M) (Advocate of the High Court of South Africa) 1. Legal Advice 1.1. If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstance: 1.1.1. There will be a dispute over care and visitation rights over the child/children; 1.1.2. One of the parties shall be applying for forfeiture of patrimonial benefits from a marriage in community of property; 1.1.3. The joint estate is huge or complicated; or 1.1.4. The other party shall be making use of legal representation. 1.2. If, however, you would like to know the general procedures on how to go about in obtaining a divorce decree; they are listed summarily below. There are many rules that regulate divorce processes and the summary below does exclude some of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements, pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a ...
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Parental Rights of Divorced Muslim parents after a Talaq or Faskh

Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights When Muslim parents divorce, either via talak or faskh, there remains the unresolved issue of their respective parental rights to their children. Parents married in terms of South African civil law have the advantage of having the civil divorce court deal with the issue of access (contact) and custody (care). The divorce court is obliged to do this before pronouncing a final decree of divorce. This is however not the case of a talak or faskh. As you would see later, we suggest that Muslim divorced parents enter into a parenting plan. We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. Muslim Fathers’ rights Muslim fathers, who were married in terms of Muslim Rites, have just as much rights as the mothers, to their children. This is so notwithstanding them having been married in terms of Islamic Rights only. From a South African Legal perspective, they are both co-holders of parental responsibilities and rights with regard to their children. What often happens is that one parent refuses the other reasonable contact to the child. Or ...
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Free Online Divorce Assistance Form – DIY Cape Town South Africa

Free DIY Online Divorce Guide and Form – High Court, Cape Town, Western Cape This article deals with uncontested divorces in the Western Cape High Court, Cape Town for marriage In Community of Property. It further provides legal guidance on doing your own divorce, with an online divorce form below. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children, and a large estate involved. Online Divorce Form The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format You can then use the information in the email to proceed with your own unopposed divorce in the Western Cape High Court. Marriages ending up in divorce When the marriage of a couple has broken down, ...
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Divorce Questions and Answers

Divorce Questions and Answers We introduced this Divorce Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know how to get divorced fast, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Divorce, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Divorce. We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. Other family law resources on this website There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Divorce. Therefore, after posting your question, or any time after, have a look at the useful resources and ...
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Do your own unopposed divorce. Quick and Easy

Do your own Unopposed Divorce. No lawyers needed and its Free.

Do you own Divorce (DIY) No lawyers needed! If you want to get divorced from your spouse, I strongly advise that your approach a legal practitioner, or an attorney to attend to it on your behalf. This I would implore even more under the following circumstances: There will be a dispute over care and visitation rights over the child/children One of the parties will be applying for forfeiture of patrimonial benefits from a marriage in community of property; The joint estate is huge or complicated; or The other party will be making use of legal representation. If, however, you would like to know the general procedures on how to go about a divorce, they are listed summarily below. There are many rules that regulate divorce processes and the summary below does exclude certain of them. These include exceptions, strikeouts, compelling compliance, service addresses etc. Other matters incidental to divorce proceedings, e.g. interim arrangements, pending the divorce regarding maintenance for you or your children and care and contact regarding children are not dealt with. Therefore, please consult a legal practitioner or the divorce court throughout your divorce process should you decide to do the divorce yourself. Summons and Particulars of Claim A summons needs to be drafted which ...
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Divorce – 5 things you should consider before getting divorced

When getting divorced, always consider: Child Maintenance, Child Custody, Parenting Plans, Assets and your Legal Options 1. Divorce – your legal options Our law offices have a number of legal options that can be well explained for you by the legal expert. Divorce can be a costly affair, leaving a burning hole in your pocket. However, with the right legal expert on board, this needn’t be the case. The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas for your divorce, see the following links: How to Change your Matrimonial Property Regime Do your own Unopposed Divorce. No lawyers needed and its Free. Parental Rights of Divorced Muslim parents after a Talaq or Faskh Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of: Divorce guide Sample of High Court Summons Particulars of Claim Notice of Set Down The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel ...
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Divorce – uncontested divorce, contested divorce and DIY divorce

Uncontested divorce in South Africa What do we mean when we use the term “uncontested divorce”? Our law offices have potential clients calling in on a regular basis and when asked about the nature of the divorce, we’re met with “What do you mean?“. This is perfectly normal from a layperson’s perspective. To put it simply, an uncontested divorce is a divorce in which both parties are in agreement with. Because of the less complex nature of this divorce; it can be done within a matter of three weeks with our legal expert on board. As explained by the legal expert on our website, for Undefended Divorce in the Western Cape High Court, you will have to: Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format Find out more about Undefended Divorce in the Western Cape High Court and call our law offices on 021 424 3487 to make an online appointment with us for a professional legal consultation today! DIY divorce in Cape ...
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South African divorce law

Quick divorce in South Africa Having a quick divorce is one thing. But being by the financial means however, is another aspect. Divorces are never easy by virtue of the fact that it either involves children or assets that needs to be divided up equally. This in itself, also depends on whether the couple had an Ante-Nuptial Contract, also known as “ANC” in place and whether they are married in, or out of community of property. Our law offices encountered a number of divorce cases of a complex nature which requires litigation in the High Courts of South Africa – the emotional and financial strain can be unbearable on the parties involved. In essence, it is safe to say that in our books, “quick divorces” does not exist unless it is an uncontested or unopposed divorce. In layman’s terms, this is a divorce that neither parties oppose and both parties are in agreement of the divorce. Under these circumstances, a divorce can be relatively quick. Our law offices are able to deal with unopposed divorces within a matter of three weeks. Furthermore, a contested divorce may even take years and the period of time it takes for a divorce to be finalized in the High Courts, depends ...
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Free DIY Online Tools Divorced Child Maintenance Legal Resources

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources

Free DIY Online Tools to get Divorced, apply for Child Maintenance, and other Free Legal Resources Knowing the law is one thing, but knowing how to enforce and apply it, is another story. We all know that parents should pay child support; the law says so. But what do you do if a parent refuses to pay? This page provides assistance in three (3) aspects of family law. The first is regarding Divorce, then Child Maintenance, and the other, is that of contact to your child during the holiday season. We do advise that you make use of the services of a legal practitioner to assist you in your divorce matter or application for contact to your child. However, legal services costs money, which is not always available. Should you decide to make use of the resources provided in this post, and this website, we strongly advise that you obtain legal advise before proceeding. Do your own divorce If a marriage has broken down, and there are no reasonable prospects of the restoration of the normal marital relationship, a divorce may be the best solution. Having said that, there are certain proprietary and parental issues that needs to be tabled. For example, what happens to the kitchen ...
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Uncontested and Contested Divorce in South Africa

Uncontested divorce in South Africa First of all, what is an uncontested divorce? An uncontested divorce is a divorce in which both parties are in agreement with. Divorces of this nature takes less time and money and allows parties to pick up the pieces and move on with their lives quicker. The procedure for unopposed or uncontested divorces are simpler and straight to the point. Because both parties are already in agreement of the divorce, a formal trial is not necessary but the guidance of a legal expert may still be important. There may well be other factors relevant to the divorce, such as child custody, child maintenance and splitting of assets. This may not necessary slow down the process but the legal expert will have to work at helping the parties reach a common ground legally. Call our law offices on: 0214243487Email us at: [email protected] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit How long does a divorce take in South Africa? This a common ...
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Divorce and the law- Cape Town

Divorce process step by step Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that’s easily accessible through our website. Call our law offices: 0214243487 Email:[email protected] Feel free to click on the links below and find out more about our legal expertise: Basic Divorce Guide – Western Cape High Court Divorce Notice Of Set Down – Cape Town High Court Cape Town Divorce Particulars Of Claim Western Cape High Court Cape Town Do Your Own Unopposed Divorce. No Lawyers Needed. Free Online Divorce Assistance Form DIY South Africa – frequently asked questions for divorce Summons Divorce Western Cape High Court Cape Town Twenty One (21) Uncontested divorces in the Western Cape High Court today. Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. Call our law offices on: 0214243487 Email: [email protected] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist ...
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South Africa – Frequently Asked Divorce Questions – Cape Town

Frequently Asked Questions on Divorce – Cape Town South Africa How long does it take to get an uncontested divorce in South Africa? If the parties are in agreement to the divorce, and sign a consent paper or settlement agreement, it can take about 4 weeks. However, if they cannot come to an agreement on all aspects, for example, child maintenance and custody, then it can take about a year. This is if all goes well an no party tries to delay the process. How long does it take to get an amicable divorce? It all depend on the parties. If it is indeed amicable, then approximately four weeks. It is best to have a lawyer assist in the process. However, you can do it DIY. How much does it cost to get a divorce? The Courts do not charge for a divorce. However, if you decide to do a divorce on your own, then it would be free. The only costs would be that which you pay the Sheriff to serve the summons on the other party. How long will it take for a divorce to be final? It depends on when the hearing date of the divorce is. It can take a few weeks, or ...
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Divorce Notice of Set Down Western Cape High Court Cape Town

Notice of Set Down – Undefended divorce in the Western Cape High Court Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format Fee Online Divorce Form and Guide If you want to attend to your own uncontested divorce, we can to help you at no charge. Fill in the form below, and then our system will send you an email with the details you provided, which you should include in the divorce documents. Notice: JavaScript is required for this content. Have a family Law appointment with us We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own ...
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Divorce Particulars of Claim Western Cape High Court Cape Town

Divorce Particulars of Claim Western Cape High Court Cape Town Have a family Law appointment with us How to draft a Particulars of Claim. We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share our pages. Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format PLAINTIFF’S PARTICULARS OF CLAIM 1. The ...
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Summons Divorce Western Cape High Court Cape Town

DIY Divorce in Cape Town, Western Cape Complete the free online divorce form below to assist you with your unopposed divorce. View the following related pages: Free DIY Online Divorce Guide and Form A divorce guide in PDF format A Sample Summons in Word format A Particulars of Claim in Word Format A notice of Set Down in Word Format COMBINED SUMMONS IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case no.: JOHN WILLIAMS (PLAINTIFF) (Identity Number: 0000000000000) And JANE WILLIAMS (DEFENDANT) (Identity Number: 1111111111111) __________________________________ TO THE SHERIFF/HIS DEPUTY: INFORM JANE WILLIAMS an adult male/female, residing at 1 Apple Street, Apple Town, Western Cape Province (hereinafter referred to as the Defendant); that JOHN WILLIAMS an adult male/female, residing at 4 Green Street, Greenland, WESTERN CAPE, (hereinafter referred to as the Plaintiff), hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the particulars of claim annexed hereto; INFORM the Defendant further that if he / she disputes the claim and wishes to defend the action he/she shall:- (a) within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court at Keerom Street, Cape Town a ...
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Divorce, child maintenance, child custody, Cape Town, South Africa

Divorce – Cape Town

Divorce Court Cape Town Divorce is an emotional, whip-lashing experience for every family. Each divorce is governed by its own set of rules and values. Many times, the manner in which a divorce is settled is influenced by tradition and religion. Having said that, a Hindu couple for instance, may get married by a Priest and a Muslim couple may get married by an Imam. Even so, due to the complex nature of child custody and child maintenance matters, these couples may have to settle matters in court. Call us on: 0214243487Email: [email protected] Divorces are most likely to take place in the High Court. This can be a dreadful, costly process – needless to say a legal drag caused by pending divorces on court rolls waiting to go on trial. Fortunately, the Regional Court of the Magistrate Court also deals with divorces which lessens the divorce cases dealt by the High Court. Uncontested divorce in South Africa There are two types of divorces which calls for different divorce processes: Contested or opposed divorce and the uncontested or unopposed Call us on: 0214243487Email: [email protected] We are able to have your uncontested / unopposed divorce done in as little as four weeks without the whole legal drag. A contested ...
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Unopposed Divorce Divorces at High Court

Twenty-one (21) uncontested Divorces in the Western Cape High Court today…

Written by Kouthar Sambo We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. According to the court roll of the Western Cape High Court, there were twenty-one (21) uncontested divorces to be heard today. There are approximately fifty-five Magistrate’s Courts in the Western Cape and these various Regional Magistrates’ Courts, which also deals with divorces, but does not provide statistics to the public online. Other than certain days during the year when the Western Cape High Court has its recess period; uncontested divorces are heard on a daily basis. Earlier this month, on the 5th of October 2016, there were thirty-two (32) uncontested divorces in the Western Cape High Court, court roll. This was during the recess period. According to Advocate Muhammad Abduroaf, a Family Law Expert, a divorce can be placed on the unopposed divorce roll after ten (10) working days have lapsed since the defendant has been served with the divorce summons: “If a spouse is served with a divorce summons and does nothing for ten (10) days, the attorney for the Plaintiff would set the matter down for hearing soon thereafter. However, should the Defendant in the ...
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Child Custody, Relocation, Surname Change and the High Court

Child Relocation, Passports, Custody, Surname Change and the High Courts

Child Relocation, Passports, Custody, Surname Change and the High Courts Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be useful for many parents. However, if you wish to view some of the articles already written on the aforementioned topics, feel free to click on the following links: – Minor children born out of wedlock – Whose surname should they have? – Passport Application for my child ...
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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, and the Maintenance Amendment Act, 9 of 2015 come into play. Read on to learn more. The Maintenance Act 99 of 1998 Since or about 1998, the Maintenance Act 99 of 1998 was the main piece of legislation that was used for parents to obtain maintenance for their children. Other legal tools would be making an application ...
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Surname Change Child born out of Wedlock - Department of Home Affairs

Minor children born out of wedlock – Whose surname should they have?

Children born out of wedlock – The issue of whose surname the minor child should have Children born out of wedlock – let us have a look at the law when it comes to their surname, and changes to it. In the ideal world, a couple falls in love, gets married, and then bring a child into this world. However, since the beginning of time, this was not always the case. History has many stories of children who were born out of wedlock. This is more prevalent this modern day as many couples decide to start a family, without nuptials. Then there is the other extreme where a child is conceived through a brief encounter and then the parties continue with their own paths in life. The law and society also treat children born out of wedlock differently. This has changed to an extent where neutral terms are being used. Words like “illegitimate” and so on are used to refer to such innocent children whose fate was laid down by their parents. The law and society were so extreme, that even children born from religious marriages, which were not recognised as valid civil marriages were also referred to as “illegitimate”. It is however still shocking that the ...
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Paternity Disputes and Testing and the law

Paternity Disputes and Scientific DNA Testing – Children Matters (Maintenance and Custody)

Paternity disputes and Scientific DNA Testing in Child Legal Matters Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other words, it is suggested that she had more than one sexual partner at the time, and the child was born from such a relationship. Nonetheless, the issue can speedily be resolved through scientific DNA testing. Paternity – Legal Settings There are two common legal settings where a parent (or alleged parent) would dispute paternity. The one would be in a child maintenance dispute, where the father alleges that he is not the biological father of the child, and therefore cannot be ordered to pay child maintenance. The other situation would be in a child custody or visitation dispute. Here the mother would allege that the man is not the father, or he denies paternity. Paternity Dispute Scenarios There are other scenarios where paternity can become an issue. One would be in the case of inheritance. A parent would allege that a child is an heir of the ...
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Child Maintenance Court – What do you have to know to win. Tips and Tricks

Child Maintenance Court – What do you have to know to win. Tips and Tricks Best interests of a child: When it comes to child maintenance, the child’s best interests are of paramount importance. This principle is immortalised in our Constitution and applied in our Courts of Law. Therefore, in relation to child maintenance matters, and specifically to the child maintenance court, the moment a parent files an application for child maintenance, the principal should apply. Before we move on, on a side note, it is not only child maintenance that the maintenance court deals with. A spouse may take the other to the maintenance court for personal maintenance. Parental Maintenance Obligations Both parents have a duty of support towards their minor child’s proper living and upbringing. This should be according to their means, standard of living, station in life, and the needs of the child. This is found in our common law and further applies to divorced parents. According to section 15(2) of the Maintenance Act, the duty “extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.” Furthermore, the duty is not discharged where one parent ...
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Muslim Marriages High Court Judgment President

Muslim Marriages – President given two years by the High Court to Enact Legislation to recognise Muslim Marriages

Victory for Muslim Marriages in South Africa – Court gives the State 2 (two) years to enact legislation On 31 August 2018, the Western Cape High Court handed down a ground-breaking judgment. In effect, it Orders the State to prepare, initiate, introduce, enact, and bring into operation, diligently, and without delay, legislation to recognise Muslim marriages. The High Court gave the State exactly two (2) years to attend to the latter process. This two (2) years would only be suspended if the matter is taken to the Constitutional Court. However, should the matter not be taken to the Constitutional Court for final determination, and the State does not enact the legislation, then by default, Muslim marriages may be dissolved in accordance with the Divorce Act 70 of 1979. Therefore, it is up to the State to action matters urgently. Download a Copy of the Judgment by clicking here. How does this benefit Muslim Marriages? To understand how the judgment benefits Muslim Marriages, one needs to understand the legal nature of Muslim Marriages in South Africa. Let us refer to the judgment for some insight: In the judgment, the following is stated: “The issues before us concern recognition and regulation of marriages solemnised and celebrated according to the ...
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