FAMILY LAW Durban
Karen Olivier, Durban family attorney, is a senior attorney, and has practised in the realm of Family Law, for 14 years. Below are some of the situations that our law offices may be able to assist you in.
What We Can Do For You
If you find yourself relating to any of the below scenarios, then your child and you will benefit from the expertise of a specialist Family Law attorney.
It is essential that your spouse and you enter into an Ante-nuptial contracts before you enter into a marriage. Having an Ante-nuptial contract in place, will assist in determining the financial future of your marriage, and will be a guideline as to how your assets will be split in the case of death or divorce.
Universal partnerships and cohabitation agreements
A universal partnership is one in which partners are not married yet live together, their relationship portraying many of the attributes of a typical married couple. Drawing up a Universal Partnership and Cohabitation Agreement is a sure way of protecting both parties and their respective assets should they decide to split up.
Anti-dissipation Orders and Declarations
It is possible to proceed to Court with an Anti-dissipation Order or a Declarator to protect your estate and to prevent your spouse or partner from dissipating the assets in your estates. What happens is that essentially the assets are frozen, until the litigation is finalized. Having an Order in place protects the integrity of an estate, and therefore, assists in your share of the estate, being protected.
High Court interdicts
High Court Interdicts are Orders that are granted by the High Court, and are either mandatory, in which case a Respondent is ordered by Court, to do something, or are prohibitory, in which case a Respondent is ordered by Court, not to do something. An interdict should not be taken lightly, and must be adhered to as there are severe consequences if one is found to be in contempt of an Order.
An estate is the net worth of any person at any point in time. A person’s estate includes any amounts and assets owing to them, minus of course, their liabilities. Working out your total net worth may be invaluable in a multitude of situations.
Variation of marital regimes
If a couple can provide sound reasons for them wanting to change the regime of their marriage, for example from a marriage in community of property to a marriage per Ante-nuptial, then they may alter their marital regime to better suit them. A variation of a marital regimes can be costly and very time consuming, especially without the assistance of a specialist Family Law attorney.
Same sex unions
As of 2006, under the Civil Union Act 17, same-sex unions have been recognised by Law. This gives same sex couples financial security, and the opportunity of gaining access to further financial planning within their union.
Domestic violence and harassment applications
The Domestic Violence Act is in place to ensure that it is possible to gain legal protection against an abuser. Once an interim Order is granted and served on an abuser, in the event of a further instance of abuse, the abuser can be criminally charged and arrested. Harassment and domestic abuse can be life-threatening and it is imperative that it is dealt with before it reaches that level. No person should ever remain silent, in the face of abuse. Immediate steps must be taken to seek the protection of our Courts by way of issuing of an Order preventing further abuse.
Having a Will in place is imperative, as this will guarantee that your assets devolve after your death, exactly in accordance with your last wishes. It is entirely possible to enter into a Codicil if you wish to make changes as you acquire more assets, or if you change your mind as to who should inherit from your estate.
How We Can Help You
If you feel that you would benefit from any of the above procedures or contracts, don’t hesitate in calling our offices today. Karen Olivier is a senior and Family Law attorney, and is Passionate about Family Law, as are her team of attorneys who practise alongside her.
ENTRUST YOUR DISPUTE TO US
YOU HAVE THE RIGHT TO BE HEARD. Set up a meeting now.
After filling for divorce and leaving my husband I was devastated when my ex-took my five-year-old daughter without my consent and ran away with her. I put my matter into the hands of Karen Oliver. She gave me excellent advice and her staff were sympathetic and persistent at drafting documents and following up with me. Eventually, I came out I the win I guide with my daughter in my primary care as the biggest prize of all. So grateful to Karen and her stellar team for getting me back my baby.