Posts Tagged ‘annulment’

Divorce Attorneys talk about Child Custody

Thursday, April 29th, 2010

Removing a child from the jurisdiction of the Court and from the access of your ex-spouse is not a good idea as it could involve you in expensive litigation.

The Child Care Act requires that the child’s mother or father, but not of a child’s guardian.

If a child is above the age of sixteen,he must sign the application form for a passport but if the applicant is younger it must be signed by his parents or guardian.  If the child is in foster care, the provisions of the Child Care Act must be satisfied.

In the absence of a court order to the contrary, consent an application for a passport must be given by both parents or by the child’s “legal Guardian” but if the applicant is illegitimate only the mother need consent, unless a court “orders otherwise” and if by order of court the child has been placed under sole guardianship of one parent or if a non-parent, only the guardian need consent.  The personal particulars of the parents or guardian,must be verified against the population register.

If you need any further information on this legal subject or any other contact us at Divorce Forms and we will be glad to help.

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Divorce Attorney addresses Joint Guardianship

Wednesday, April 28th, 2010

The Children’s Act of 2005 regulates the balance of power between joint guardians.  The first principle is that each guardian may independently and without the consent of any other guardian exercise any right or perform any duty arising from guardianship.  However, in the absence of a court order to the contrary, the consent of every guardian is required in respect of the marriage of the minor child, the adoption of the child, the removal of the child from the republic by a parent or by any other person, the application for a passport by or on behalf of any child under eighteen and the alienation or encumbrance of immovable property of the child.

Should you need more information on this subject or any other legal matter contact us at Divorce Forms.

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Barbara talks to her Divorce Lawyer

Sunday, April 18th, 2010

Barbara phoned her divorce attorney on Saturday morning. Her husband had not come home on time on Saturday and she had gone to the office in her car as she was worried about him.  She saw lights on in the office building and as she got near to the window of her husbands office she had no idea of what she was about to witness.  Her husband was in an extremely compromising position with a lady who Barbara immediately recognized as his secretary.

“What do I do now” she asked her lawyer, the tears streaming down her face.  How do I handle the situation.

Barbara had chosen not to confront her husband in the act and had quietly left the scene and returned home.  But the evidence was quite conclusive and she had some important decisions she had to make.

Tomorrow we will look at the Divorce Law in regard to a situation like this and examine the advice which she was given.

If you are in a similar position want would like to discuss the matter contact Divorce Forms one of our panel of attorneys will contact you.

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Attorney explains about customary law

Wednesday, April 14th, 2010

The family unit in customary law is the household (or”kraal” as it is most commonly referred to in the law reports).  The family group of each wife forms a “house” as defined in the Black Administration Act.  Whenever a man has more than one wife there are two or more” houses” in one household (or “kraal”). The concepts of both house and household being primarily of groups of persons it makes no difference whether the geographical place of residence is rural or urban.  The senior in law is not necessarily the oldest, male member of the family but he will be the head of the household (or kraalhead) as referred to in a number of law reports.

 

If you want further information on this subject please visit our website.

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Divorce Attorney gives Rachel advice

Tuesday, April 13th, 2010

divorce-forms Rachel phoned this morning and clearly sounded very distressed.  Her husband had told her last night that he no longer loved her and wanted a divorce.  When she asked whether there was another woman he denied it.  After a discussion involving all aspects of the marriage it was clear to me that there was no alternative but to proceed with the divorce.  The problem was that she could not afford it.  I suggested that she go online to our website to download the forms and explained how she should proceed from there.  In a short time the Summons was issued and she told me that the Sheriff was on his way to serve the summons.  If you need this kind of help contact our website and we will be glad to help.

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