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Questions on Divorce – Frequently Asked Questions and Answers South Africa

Frequently asked questions on Divorce

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Advocate Muhammad Abduroaf - Advocate High Court Cape Town

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.

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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 Family Courts. Once all the paper work is done, the matter is set down for hearing or trial where a judge or magistrate would divorce you.

How long does it take for a divorce to be finalized?

If an divorce is undefended, it can take about 6 weeks. However, if the parties wishes to litigate, it can take many months, up to 2 (two) years.

How long will it take for a divorce to be final?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take for someone to be served with divorce papers?

If the person’s home and work address is known and the person is usually there, it can take a day or two. This depends when the Sheriff is available to serve the summons. However if the person is not always at work or at home to be services, it can take some time.

How long does it take for a divorce to be finalized?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce decree paper?

One the divorce is finalised, it should take about a week for the divorce decree or order to be typed out and available for collection.

How is a divorce finalized?

A divorce is finalised by an magistrate or judge granting a decree or order of divorce.

How long does it take to get an amicable divorce?

If the parties are on the same page, and want to keep things friendly, it can take less than two months.

Why does it take so long to get a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. The problem is that when the matter become defended. it can take many months to finalise.

How long does it take to get a divorce by mutual consent in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

Is adultery against the law in South Africa?

No it is not crime. However, it can be ground for a divorce.

What does in community of property means?

In community of property means that here is just one estate. At divorce, the estate has to be divided.

What can be contested in a divorce?

Anything the other spouse asks for can be be contested. This includes maintenance, custody and the divorce itself.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the meaning of uncontested divorce?

An uncontested divorce is a terms used to describe a divorce where both spouses agrees to the divorce, and the terms thereof. They then both co-operate if the finalisation of the divorce.

What is the divorce?

A divorce is the dissolution of the marriage. In other words, you are no longer married after the divorce.

When do you get served divorce papers?

Once a spouse instituted divorce proceedings, you should then be served with divorce papers by the sheriff of the court.

How long does it take to file for a divorce?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How long does it take to get a divorce in Cape Town if both parties agree?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

What is the final decree of divorce?

It is an order, where the Court dissolves your marriage.

How much does it cost to get a divorce?

The court does not charge for a divorce. However your lawyer would charge a fee, as well as the sheriff of the court who serves the divorce documents.

How long does it take to get a divorce in Cape Town?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months.

How do I go about filing for divorce?

You should issue a summons at the Divorce Court.

Is a civil marriage in community of property?

Yes, unless you entered into an ante-nuptial contact beforehand stating otherwise.

What happens if your spouse refuses to sign divorce papers?

If your spouse refused to sign divorce papers, the divorce proceeds on a defended bases.

What happens when you file for a divorce?

The legal process follows. Ultimately, you want to have the matter heard before a magistrate or judge.

What is the meaning of notice of bar?

A notice of bar, is a notice given to the Defendant, who filed a notice of intention to defend, but did nothing afterward. Therefore, you a notice of bar is issued, the Plaintiff may go ahead with finalising the case.

What is the meaning of a customary marriage?

A customary marriage is a marriage based on custom. An example is that of Xhosa or Zulu marriages.

How long does it take to get a divorce in South Africa?

If the parties agree and co-operate, it can take less than two months. If not, up to 2 (two) months. Therefore, it is in their best interest to try to resolve matters as soon as possible.

How does it work to get a divorce?

One party needs to summons the other party to Court. Therefore, a divorce cannot take place without a court process.

What is the procedure for divorce?

One party needs to summons the other party to Court.

How long does it take to get a divorce if both parties agree?

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The quickest is four weeks.

How much does it cost to file for a divorce in South Africa?

If you attend to your own divorce, there is no costs, other than sheriff fees.

How do you file for divorce in South Africa?

A divorce has to start with a court process called a Summons. This document is issued at the divorce court and served on the spouse.

What is an uncontested divorce in South Africa?

An uncontested divorce in South Africa is where both parties agrees on the terms of the divorce. In other words, there wont be any opposition to the divorce. Only co-operation.

How long does it take to get a divorce in Cape Town, South Africa?

If all goes well and the divorce is uncontested, it would take approximately two (2) months to finalise.

How long does it take to get a fast divorce in Cape Town, South Africa?

Approximately two (2) months.

How long does it take to get a divorce in South Africa?

Each court is different. However approximately two (2) months.

When a divorce is final?

A divorce is final when you obtain a decree of divorce from the Judge or Magistrate. Therefore, a court process needs to take place.

How can I get a divorce without a lawyer?

You do not need a lawyer to attend to your divorce. You can do it on your own. The best option would be is to approach the Family Court in your area for assistance.

How long does it take to get a divorce in Cape Town, South Africa?

If the divorce is undefended, it can take about six (6) weeks.

How long does it take for someone to be served with divorce papers?

It can take a day or a few weeks. It all depends on when the sheriff is available to serve the divorce papers, as well as the ability to serve. In other words, sometimes the Sheriff takes a while to locate the party who must be served.

How long does it take for a divorce to be finalized?

It can take up to 6 weeks. Therefore, if you want to finalise a divorce quickly, come to an agreement as soon as possible.

How can I get a quick divorce in South Africa?

A divorce is very quick if you and your spouse agrees on the terms of the divorce. You may then enter into a consent paper and have that made an order of court. If you follow that route, with a divorce lawyer, you can be divorced within a few weeks.

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Child Support / Maintenance – Frequently Asked Questions South Africa

Support – Frequently Asked Questions on Child Maintenance

Support and Child Maintenance: We proud ourselves on our knowledge on family law matters in South Africa. This includes issues and questions surrounding child maintenance. Feel free to browse through the this or question and answers below. Should you not find the answer to a child maintenance question you are look for, feel free to post  your divorce question here.

Child Maintenance links

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

How much is the average child support a parent must pay Cape Town?

There is no average. It all depends on the needs of the child and the income of the parents.

How much do you get for child support in Cape Town?

It depends on the income of the parents and the needs of the child.

How do you determine the amount of child support?

You look at the needs of the child, and the parent’s income and expenses.

What is the average amount for child support?

There is no average amount. It depends on the facts of the case.

How much child support will I get in Cape Town?

It all depends on your income and standard of living of you and the child.

Is South African an alimony state?

Yes, it is possible that a court makes and order that alimony be paid. It all depends on the

Can you ask for retroactive child support?

Yes it is possible.  Whether the court grants it would depends on the facts of the case.

How much is minimum wage in Cape Town?

This website does not deal with that question.

What percentage do they take out of your salary for child support?

If there is a garnishee order against your salary, they will take off what the court ordered.

How do you calculate child support in Town?

Have a look at other parts of this website for a detailed answer. The simple answer is that the Court looks at your income, assets etc, and that of the mother and the child and come to a fair amount.

Who is the obligor in child support?

The person who should pay child support.

Do I have to pay child support if I have 50 50 custody?

It is possible if the other parent earns less than you.

How much is child support for two children?

It depends on the facts of the case. You should look at the earnings of the parents and the needs of the child.

 

How much do you have to pay in child support?

It depends on the needs of the child and the earnings or means of the parents.

What percentage of custody is every other weekend?

This question does not fall under child support. Please search for the answer on another part of this website.

How does child support work when parents live in different provinces?

The basic principle is the same. They should pay according to their means and the needs of the child.

When can you modify a child support order?

When there is a case for it. Usually when more money is needed or one parent cannot afford the order.

Do you have to pay child support after a child turns 18?

If the child is still in need of support, then the answer is yes.

How long will it take to get my child support?

This depends on the relevant court and case. It can take a few months.

How can I get my child support payments lowered?

You would need to apply to court for a variation of the child support order.

What is your monthly gross income?

The total sum you receive, before deductions.
Can you get child support arrears dropped?

You would need to approach the court and prove your case.
What is the definition of gross income?

The total income before deductions.

How do you find your gross income?

Your salary slip should have it.

How do I calculate my monthly salary?

Look at all you income for the month.

How do you calculate adjusted gross income?

Your salary slip should have that information in it.

How do you figure out your net income?

You take your gross income, and deduct medical aid, pension, tax etc.

How do you calculate monthly income when you get paid biweekly?

You add all your income for the month.

What is the net annual income?

The amount you earned for the year after deductions.

What is my gross annual income?

The total amount you got paid before deductions.

How do you work out your weekly pay?

Add all your income for the week.

What is the definition of net income?

The total income after deductions.

How do you determine your net pay?

You first deduct tax, medical aid, etc.

What is the definition of total income?

All your income.

Is total earned income gross or net?

Gross income.

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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.

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Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

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ByOur Lawyer

Child Custody – Frequently Asked Questions South Africa

Frequently Asked Questions on Child Custody

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Advocate Muhammad Abduroaf - Advocate High Court Cape Town

Advocate Muhammad Abduroaf – Advocate High Court of South Africa

We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Should you not find the answer to a child custody question you are looking for, feel free to post your child custody question at the bottom of this post.

What does it mean when you have primary residential custody?

It means that the child primarily resides with you. For example, the child will only visit the other parent every second weekend.

What is a joint residence order?

The child resides with both parents. Usually on an equal basis.

What is joint custody of a child?

This is the situation where both parents care for the child.

How can you get custody of your child?

If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do I file for joint custody?

If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for visitation rights?

If you want visitation rights over your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for full custody of your child in Cape Town, South Africa?

If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do I file for joint custody in Cape Town, South Africa?

If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for sole custody of a child?

If you want sole custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

What is sole legal custody of a child?

If you have sole legal custody, it means that you alone make day to day decisions regarding your child’s life.

Can you get sole custody and child support?

Yes, you can.

Can a father get full custody of his child?

Yes, he can. All that he must prove is that it would be in the child’s best interests.

How is child support affected by joint custody?

If one parent earns more than the other, then he or she may have to pay child support to the other parent. This is so even if they have joint custody.

What is shared custody?

This is when both parents care for the child and have a say in the child’s life.

Who will have to pay child support?

Both parents have to pay child support.

What is considered joint custody?

When both parents care for the child jointly.

What is joint custody with primary residence?

Where the child primarily resides would be her primary residence. Joint custody would mean both parents care for the child and have a say in her life.

Can both parents have primary custody?

It is possible in theory, but not practical.

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What does it mean to be the primary custodial parent?

It means that you decide the day to day affairs of your child’s life. For example, the school he goes to, and the extramural activities he does.

Who would be the custodial parent?

Both or either parent can be the custodial parent.

What is the difference between full and sole custody?

Full custody would mean you have just as much custody rights as the other parent. Sole custody would mean you the only parent who has custody rights.

What does sole custody mean in Cape Town, South Africa?

Sole custody would mean you the only parent who has custody rights.

Is primary custody the same as full custody?

No, not necessary. Primary would mean the child primarily lives by one parent. The other parent may still see the child on weekends, school holidays etc. Full custody could mean the same as sole custody.

What does it mean to have joint physical custody?

This would mean that the child is in the care of both parents. Basically on an equal basis.

What is joint sole custody?

Joint custody is when both parents take care of the child.

Do I have to pay child support if I have 50 50 custody?

If a parent earns more than the other parent, he or she may have to pay more towards the child’s expense. A good example would be school fees.

What does it mean to have 50 50 custody?

This means that the child resides with both parents most of the time. Both parents also have a joint say in the child’s life.

What is the definition of joint legal custody?

Joint custody is when both parents have equal say in the child’s life.

What is primary custody of a child?

Primary custody is where one parent cares for the child primarily.

What is primary caregiver mean?

A primary caregiver is a parent who primarily takes care of the child.

What is split custody of a child?

This is the case where the child spends an equal amount of time with either parent.

What is the definition of a caregiver?

A caregiver is a parent or person who cares for the child.

What is the caregiving?

Caregiving is caring for a child. This includes the provision of food, clothing and shelter.

What are the responsibilities of a caregiver?

To care for the child. This includes the provision of food, clothing, education and shelter.

What is the job description of a caregiver?

To care for the child. This includes the provision of food, clothing and shelter.

What are the skills of a caregiver?

There are no specific skills. However, he or she must be able to care for the child. The child’s best interests should always be upheld.

advice-child-maintenance-child-custody-divorceWhat are the qualities of a good caregiver?

Who ensures the child’s best interests are met.

What does it mean to be a custodian?

It means that you take care of the day to day needs of the child.

What are my rights as a father?

To be part of your child’s life.

How can a father get custody of his child?

You would need to apply to a court.

Who has custody of a child when the parents are not married?

Primarily the mother. However, the father acquires such rights if he forms part of the child’s life.

What rights does a father have to a child born out of wedlock?

If he forms part of the child’s life and pays support, then he acquires parental responsibilities and rights.

What are your rights as a father?

To form part of his child’s life.

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