"An Attorney near me" - Cape Town legal directory
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Check your lawyer's credentials
I once watched a programme on Carte Blanche relating to how this lady claimed to be a qualified medical doctor and beauty therapist. She performed various operations on people's faces, leaving them disfigured, and even applying acid to some faces! When Carte Blanche investigated the matter it became apparent that this lady had been misleading people into believing she was a doctor, taking their money and performing operations, which most of the time were not done properly.
In any profession there will be “chancers” wanting to take your money off you, including in divorce law circles. I recently had a divorce case where I was acting for the man. The lady arrived at court with a gentleman who introduced himself to me as a “paralegal”. He had apparently drafted all of her divorce documentation, had charged her even, but now that the matter had been set down for court he advised her that he never had the necessary authority to represent her in court.
The man in the abovementioned case had basically misrepresented to my client's wife that he was a “community legal lawyer” (in her own words she had even referred to him as such during a telephonic discussion I had with her). At court the magistrate advised me that she was not going to entertain this man in her court, that his papers had been shockingly drafted, and that she could not believe that he even had charged his client for his services.
Beware cheap divorce advertising
It could be very easy for a layman who is going through a divorce to be manipulated into using the services of a “chancer”. He or she may be somebody who claims to be able to do a whole divorce for R1000 or less. You may be approached by him/her while seeking advice at the court. Some of these “chancers” hand out cards to people in the court waiting rooms. A normal attorney would not do this as it is unethical to “tout” for work.
LLB and passed board exam
Before instructing an attorney to handle your divorce, you should be one hundred percent certain that the person you are instructing has the correct legal qualifications to represent you. He or she should have a “legum baccalareus” (LL.B.) degree from a recognised university, and should have passed the board exam too.
Legal Practice Council
The only way to find out if your attorney is an admitted attorney is by phoning the Legal Practice Council. The number of the Legal Practice Council is 010-001-8500.
The Legal Practice Council will be able to tell you if your attorney's firm is registered with the Legal Practice Council or not. Should your attorney advise you that he doesn't work in a law firm but is a “paralegal” or “accountant who is a qualified attorney” or a “legal advisor” or something similar, but does not give you a clear answer on his or her qualifications, he or she is probably a “chancer” and it is best not to use his or her services.
You can also check the Legal Practice Office's list of members to see that your attorney is on the list and has a member number.
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Family, Estate & notarial legal services
Other divorce-related issues
At the beginning
Should I advise my spouse of the impending divorce action?
Should you move out of the matrimonial house prior to divorce?
Remove your spouse as a beneficiary on your Life assurance.
Check your lawyer's credentials with the Legal Practice Council
Divorce rule 43 for maintenance prior to divorce & divorce costs
Psychological issues
Marriage counselling to avoid divorce
Psychological impact of divorce on children
Child-related divorce matters
Mediation to resolve child custody and maintenance issues
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Custody of children upon divorce
Jurisdiction in child custody matter (e.g. if child moved to another province)
Joint decisions with respect to minor children
Using Rule 43 to apply for interim custody entitlement
Custody when there's been drug use.Child custody for the father
Custody granted to unmarried father
When a child won't see his/her father or mother
An unborn child when divorcing
Grandparents & divorce
When Grandparents want custody ahead of parents
Challenging the family advocate report
Child custody post divorce
Application to terminate your ex's parental rights
Splitting up siblings post divorce
Which parent decides the school to attend?
Child custody on death of a parent
Child custody following the death of a parent.
Guardians appointed by deceased parent.
Adoption of a stepchild
Maintenance for children
Child maintenance to what age?
Maintenance & proof of paternity
Maintenance & custody of adopted children
Maintenance for the unborn child
Divorce & maintenance considerations for a handicapped child
Token or minimal maintenance when parent doesn't work
Impact of inheritance on child maintenance obligations
Maintenance for children over 18
Grandparents' maintenance & care obligations
Children suing for maintenance
Application for maintenance reduction
Arrest after failing to pay maintenance
Maintenance for spouse
Maintenance in a polygamous marriage
Maintenance when your spouse remarries
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
Child contact rights for an overseas parent
When your child and ex move overseas - keeping contact
Other child-divorce matters
Mental handicapped children & divorce rates
National register of those unsuited to working with children
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Proposed two pot retirement system and impact on divorce settlements.
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life assurance actions you need to take when divorcing
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
Divorce documents
Sheriff letter for divorce summons (combined summons)
Sheriff letter for divorce summons
The final order of divorce
Divorce & the particulars of claim
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside