Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Estate planning lawyers provide and deal with all spheres of estate planning that will be needed to provide for your family. Listed below are some of the functions:
Estate planning is a very important part of your life and a process that applies during your life as well as after your death. It is important because we have no idea of what lies ahead of our lives, not only in death but also during our lives and if you do not have an estate plan in place it can be chaotic. What will happen to children when both parents die suddenly? What will happen to your husband/wife if you die suddenly? Although people do not like to think of their mortality, we at Scholtz Attorneys are more than willing to guide you through this process with counselling, advice and planning of your estate.
Corporate and Commercial law are related but in separate groups. Corporate law involves legal principles relating to companies and other legal entities while Commercial law relates to legal principles regarding business and include those individuals and entities who are engaged in business.Practice areas within Corporate are linked closely and relate to the lifecycle of companies, also acquisitions and mergers
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Civil litigation is the process in which civil matters are resolved in a court of law. Rather than a case being a person versus the government, as in a criminal matter, civil cases are where a person or a business files a suit against another person or business.
Legal entities (businesses or individuals) are given certain rights but when any of these rights are infringed, the affected party can enforce his/her/its rights through the courts. There is a general rule stating that where there is a right, there is a remedy.
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SCHOLTZ CIVIL LITIGATION ATTORNEYS – AREAS OF PRACTISE
Scholtz Attorneys Civil Litigation lawyers in Roodepoort are well versed and capable to represent you in these various courts. When assisting a client involved in a dispute, we at Scholtz Attorneys engineer an approach to dispute resolution that makes sense to you or your business, taking into consideration your short- and long-term goals.
Our services in this field include but is not limited to:
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Establishing Paternity
The first step in determining a father’s parental responsibilities is to establish paternity. If the child is born to unmarried parents, the father does not automatically have legal rights or obligations. There are several ways to establish paternity, including signing a voluntary acknowledgement of paternity at the time of the child’s birth, genetic testing, or a court order. Once paternity is established, the father has legal rights and obligations to the child.
Custody and Visitation
Unmarried fathers have the right to seek custody or visitation with their child, just as married fathers do. However, because there is no automatic presumption of paternity, unmarried fathers may face greater legal hurdles in establishing these rights. It is essential to work with an experienced family law attorney to navigate the legal process and protect your parental rights.
Financial Support
Unmarried fathers are also responsible for providing financial support for their child which is calculated based on the father’s income and the child’s needs. Failure to pay child support can result in legal consequences, including wage garnishment, seizure of assets, and even jail time.
Co-Parenting
Effective co-parenting requires communication, respect, and a willingness to work together to make decisions in the best interests of your child.
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Spousal maintenance refers to the financial support that a spouse may be required to provide to the other spouse after a divorce or separation. In South Africa, spousal maintenance is governed by the Divorce Act 70 of 1979, which sets out the factors that are considered when determining whether or not spousal maintenance should be awarded. Not every spouse who gets divorced or separated will automatically qualify for spousal maintenance.
Factors considered:
1.Financial needs and means of both parties. This includes the income, assets, and liabilities of both parties, as well as their future earning potential.
2.The length of the marriage. The longer the marriage, the greater the likelihood that spousal maintenance will be awarded.
3.Age and health. If one spouse is older or in poorer health than the other, they may have a greater need for spousal maintenance.
4.Contribution that each spouse made to the marriage. This includes financial contributions, as well as non-financial contributions such as caring for children and running the household.
Once it has been determined that a spouse qualifies for spousal maintenance, the next step is to determine the amount of maintenance that should be paid. There is no set formula for calculating spousal maintenance, and the amount will depend on the specific circumstances of each case.
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In South Africa, the law governing divorce is the Divorce Act 70 of 1979. The Act provides for the dissolution of a marriage and the division of assets and liabilities. When a couple divorces, the court will consider various factors when determining the division of assets and liabilities.
Maintenance
Maintenance is an important aspect of a divorce, especially for the wife who may have been financially dependent on her husband. The court may order the husband to pay maintenance to the wife, based on her needs and his ability to pay. Maintenance can be temporary or permanent.
Division of Assets
The division of assets is another important aspect of a divorce. In South Africa, the default position is that assets are divided equally between the parties. However, the court may depart from this position if there are good reasons to do so.
Property
In South Africa, the law distinguishes between two types of property – matrimonial property and separate property. Matrimonial property is property acquired during the marriage, while separate property is property acquired before the marriage, or acquired during the marriage by way of inheritance or gift. Matrimonial property is divided equally between the parties, while separate property remains the property of the party who acquired it.
Custody and Access Custody and access are important issues to consider in a divorce, especially if there are children involved.
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An antenuptial contract is a legal document that sets out the terms and conditions that will govern the financial affairs of a married couple. It can be either with or without accrual.
The main purpose of an antenuptial contract in South Africa is to protect the assets of both parties in the event of divorce or the death of a spouse. If a couple does not have an antenuptial contract in place, their marriage will be considered to be in community of property, meaning that all assets and liabilities acquired during the marriage are shared equally between the spouses, regardless of who acquired them.
Without Accrual vs With Accrual
When entering into an antenuptial contract in South Africa, couples can choose between a contract with or without accrual. A contract without accrual means that each spouse keeps their assets separate and there is no sharing of assets acquired during the marriage. In the event of divorce or the death of a spouse, each spouse keeps their own assets.
A contract with accrual means that each spouse’s assets are considered separate during the marriage, but there is a sharing of assets acquired during the marriage. Therefore the growth in the value of each spouse’s assets during the marriage is shared equally between the spouses in the event of divorce or the death of a spouse.
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The Rights of Fathers in South Africa
In South Africa, the Children’s Act of 2005 recognizes the importance of both parents in a child’s life. This means that both the father and mother have the right to see and spend time with their child, provided that it is in the best interests of the child.
When a Mother Tries to Prevent the Father from Seeing His Child
If a mother tries to prevent the father from seeing his child, the first step is to try and resolve the issue amicably. This could involve seeking the help of a mediator, social worker or family counselor to facilitate communication between the parties.
If an agreement cannot be reached, the father can approach the family court to apply for a parenting plan. A parenting plan is a written agreement that outlines the rights and responsibilities of both parents regarding the care and upbringing of their child. The court will take into account the best interests of the child when making a decision.
Factors the Court Considers when Making a Parenting Plan
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In South Africa, there are two types of custody arrangements: sole custody and joint custody. Sole custody means that one parent has full custody of the child and is responsible for making all decisions related to the child’s upbringing. Joint custody means that both parents share custody and responsibility for the child.
Reasons Why A Father May Want
Custody If the mother is unable to take care of the child due to illness, drug abuse, or other issues, the father may want to take over custody. Additionally, the father may believe that the mother is not providing the child with a safe and stable home environment.
Factors Considered in Custody Battles
Steps A Father Can Take To Get Custody
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Rule 43 applications are considered urgent because they are made during the course of divorce proceedings and are intended to provide immediate interim relief to a party who is suffering hardships like:
Delays in receiving relief could cause irreparable harm to the applicant or their children. It is therefore important to act quickly and make a Rule 43 application as soon as possible if urgent interim relief is required.
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Understanding Contested Divorce in South Africa
Contested divorce is a legal process where the parties involved cannot reach an agreement on the terms of the divorce. It is time-consuming and costly, therefore important to seek legal advice from experienced divorce lawyers. Divorce is regulated by the Divorce Act, which sets out the legal framework for divorce proceedings.
Grounds for Contested Divorce in South Africa
1. Irretrievable breakdown of the marriage. This can be proven in one of three ways:
2. Mental illness or continuous unconsciousness of one of the parties
Procedures for Contested Divorce in South Africa
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Understanding Custody in South Africa
In South Africa, custody refers to the right and responsibility to care for a child. There are two types of custody: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the right to make decisions about the child’s upbringing, such as education and healthcare. Custody can be granted to one parent, both parents jointly, or to a third party.
Legal Process for Obtaining Full Custody
To obtain full custody as a mother, you must file an application with the Children’s Court. The application must be supported by an affidavit that explains why you are seeking full custody and what arrangements you have made for the child’s care. The affidavit should also include any evidence that supports your case, such as witness statements or medical reports. Once your application has been filed, the court will schedule a hearing. At the hearing, the court will consider various factors, such as the child’s best interests, the mother’s ability to care for the child, and the father’s involvement in the child’s life. The court may also consider the child’s wishes if the child is old enough to express them.
In conclusion, hiring an attorney is advisable, but always remember to keep the child’s best interests at the forefront of your mind, and with the right preparation and representation, you can achieve the custody outcome you desire.
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Parental rights and responsibilities are governed by the Children’s Act, 38 of 2005, outlining the rights and responsibilities of parents. However, there are instances where a father may wish to terminate his parental rights.
A general overview of the process terminating parental rights:
Consultation with a lawyer: The lawyer will explain the legal requirements and the process involved in terminating parental rights.
Filing an application with the court: The application must include a detailed explanation of the reasons for wanting to terminate parental rights.
Investigation by the court: To determine whether terminating parental rights is in the best interests of the child. The court may appoint a social worker to conduct a home visit and interview the child and other family members.
Notification of interested parties.
Court hearing to consider the application: The father will be required to provide evidence and argue his case. The court will also consider the evidence provided by the social worker and any other interested parties.
Judgment: After considering all the evidence, the court will make a judgment.
Registration: Once the court has granted the application, it must be registered with the Office of the Family Advocate. It is important to note that the process of terminating parental rights can be lengthy and complex. It is advisable to seek the assistance of a lawyer to guide you through the process.
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Yes, it is possible to remove the father’s name from a birth certificate in certain circumstances. However, the process can be complex and difficult, and it may require the involvement of the courts.
A few situations in which a father’s name can be removed from a birth certificate:
Paternity fraud: If the mother intentionally named the wrong man as the father on the birth certificate, the true father can seek to have his name removed.
Adoption: The birth certificate will be amended to reflect the names of the adoptive parents, and the biological father’s name will be removed.
Court order: In some cases, a court may order that the father’s name be removed from the birth certificate if the man named as the father is not actually the biological father, or if the father has been found guilty of a serious crime.
If you are seeking to remove a father’s name from a birth certificate speak with an experienced family law attorney who can advise you on the specific requirements and procedures, and help you navigate the legal system to achieve your goal.
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In South Africa, the legal framework governing custody of children born out of wedlock is primarily governed by the Children’s Act, which was enacted in 2005. The Act applies to all children in South Africa, regardless of their parentage or marital status of their parents.
Under the Children’s Act, both parents of a child born out of wedlock have full parental responsibilities and rights, including the right to have a relationship with the child and the responsibility to contribute to the child’s maintenance. However, in some cases, one parent may be granted primary custody of the child.
The Children’s Act also recognizes the importance of the child’s best interests in all matters relating to the child, including custody disputes. When determining custody of a child born out of wedlock, the court will consider a range of factors, including the child’s physical, emotional, and educational needs, the parent’s ability to provide for the child, and any history of abuse or neglect.
In addition to the Children’s Act, there are also relevant case law and judicial precedents that can influence custody disputes involving children born out of wedlock. It is important for parents to seek legal advice and guidance when facing custody disputes to ensure that their rights and the best interests of their child are protected.
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