LEGAL PRACTITIONERS and Other Service Providers!

1 hour Response Time

WELCOME. SIYAKWAMUKELA.
WAMKELEKILE. WELKOM.

This is your FIRST STEP if you are looking for legal or professional support. We:

  • Guarantee a response within 1 working hour,
  • Are uncomplicated, friendly and professional,
  • Our fees are sensitive to the South African economy,
  • Have a team of professionals in all major Cities,
  • Function with integrity, attention to detail and are objective driven,
  • Use technology, innovation and internal processes to streamline your experience,
  • Strive to improve the sector we operate in.

 

SERVICES | AMASEVISI

In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

FREE OR FEE? SIMAHLA OKANYE UHLAWULE?

For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
  • CGSO,
  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.

E-CONSULTS

An E-Consult is an effective way to receive expedited support for select, once off or ad hoc matters. Please visit the menu item for more information on this process. CLICK HERE

 

OPERATIONAL DAYS & TIMES

South African Working days. No public holidays.

  • Monday-Thursday from 09h00-13h00 and 14h00-16h00.
  • Friday 09h00-13h00.

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What happens if there are children involved?

Before the court will issue a divorce, it has to be decided who will look after the children. The parents can make an agreement or the court can decide. The most important consideration in deciding which parent should have custody is the best interests of the children. The Family Advocate at the court can help investigate which parent is in the best position to look after the children and will represent the children in the court if necessary.

If the divorce is taking a long time, for example if the parties don't agree, then an interim custody order can be issued setting out who will look after the children while the divorce is being finalised. In African, Hindu and Muslim customary marriages, the wife usually takes custody of the children. According to African customary law, the father usually remains the children's natural guardian. The children of Hindu and Muslim marriages are regarded as illegitimate, so the mother is also the natural guardian. In all cases, the father still has a duty to support the children.

The parent who does not get custody will usually still want to see their children. There therefore needs to be an agreement about when, where and how this parent will have access to the children. If it is not in the best interests of the children for the other parent to have access rights, then the court can restrict access.

When a couple gets divorced, one party is often in a better financial position than the other. The person who has custody of the children will also have expenses that the other parent does not have. The court will issue a maintenance order requiring maintenance to be paid for the children and, depending on the circumstances, to the other party.

Maintenance for the children is paid to the parent who has custody (but it is important to remember that this is the child's right and not the parent's). All parents have a duty to support their children, including children who are illegitimate. If there are problems with maintenance after the divorce has gone through, these can be taken to the Maintenance officer at the Magistrates Court. Whether one party will have to pay maintenance or support to the other party depends on the circumstances.

If the parties cannot agree on how much should be paid then the court will decide. Because Hindu or Muslim marriages are not fully recognised as legal marriages, the wife has no legal status to claim support after divorce.

What Happens If There Are Children Involved