NOTARIAL SERVICES

Our services in this feild includes, but limited to:

Summary of Divorce Proceedings

Divorce proceedings refer to the legal procedures to end a marriage formally. The procedure varies in every jurisdiction but typically includes these steps:

• Filing the Petition – One of the spouses (the petitioner) files a divorce petition with the court, stating the grounds for divorce.
• Serving the Petition – The petition is officially served to the other spouse (the respondent), who is expected to respond within a certain timeframe.
• Response and Negotiation – The responding spouse may either accept or refuse the divorce. In refusal, negotiations or mediation may be required to resolve conflicts on properties, child custody, or support.
• Temporary Orders – If needed, the court issues temporary orders for child custody, support, or property use in the course of the case.
• Discovery Process – Both spouses exchange economic and legal documents to determine asset division, support responsibilities, and other matters.
• Trial or Settlement – Both sides agree and they submit a settlement agreement to the court. Otherwise, the case goes for trial with the judge declaring terms.
• Final Order – Final decree of divorce from the court renders the marriage legally dissolved with division of custody, maintenance, and properties.

The complexity and duration depend on factors like statutes of the state, disputes involving property, and the processes involved where there are children. A contested divorce is more expensive and takes longer than an uncontested divorce.

Summary of Drafting Parenting Plans

A parenting plan is a document that outlines how the parents will share responsibility after separation or divorce. It prevents conflict and ensures the child’s well-being. The process involves:

• Assessing Needs – Parents consider the child’s age, school, medical care, and daily routine.
• Determining Custody and Living Arrangements – The plan decides whether custody is joint or sole and where the child will live.
• Visitation Schedule – It outlines how time will be shared, for example, weekdays, weekends, holidays, and vacations.
• Decision-Making Responsibilities – Parents decide how they will share major decisions about education, healthcare, religion, and extracurricular activities.
• Financial Responsibilities – While child support is typically ordered by law, the plan may cover additional costs like school fees and medical bills.
• Communication Guidelines – It sets out how the parents will communicate about the child and how the child will stay in touch with both parents.
• Conflict Resolution – The plan must include methods for resolving disputes, such as mediation or counseling.
• Review and Modification – It includes a mechanism for reviewing the plan as the child grows and as circumstances change.

Summary of Interim Manitenance Application (Rule 43/58) 

Interim maintenance orders in Rule 43 (High Court) or Rule 58 (Magistrates’ Court) are short-term monetary relief in divorce. The orders are a means of paying bills until a final order in divorce. The procedure is as follows:

• Filing the petition – The petitioning spouse makes a petition on affidavit mentioning both his requirements in terms of finance as also that of paying spouse.
• Respondent’s Reply – The second spouse can also file a counter-affidavit denying the claims or filing a substitute amount.
• Court Hearing – The court will decide on both affidavits as well as order direct fiscal disclosures. There is no full-blown trial, with arguments in writing.
• Court Order – The judge issues an order specifying temporary maintenance payments, legal fee contributions, and possibly interim child support or custody arrangements.
• Enforcement – The order remains in full force until divorce is complete. Enforcement can be initiated in case paying spouse does not comply.

Rule 43/58 application is intended to provide rapid finance relief as well as avert economic hardship until divorce is in progress. The procedure is shorter as well as cheaper in relation to a full trial, though quality finance documentation is necessary.

Summary of Maintenace Default Application

A maintenance default application is filed whenever maintenance (spousal maintenance or maintenance on a child) is not paid. The procedure is in aid in enforcing a court order as much as in collection of arrears. The following are its steps:

• Gathering Evidence – The client gathers documentation that payments have not been made, i.e., bank statements, court orders.
• Filing the application – A formal application is made before a maintenance court that declares default and enforces its order.

Summons to Respondent – The court issues a summons that calls a defaulting debtor into court in defense of non-payment.

• Court Hearing – The respondent can give a defense, i.e., financial hardship. The court examines both the respondents’ as well as petitioners’ financial positions.
• Enforcement Orders – In the event a defaulting respondent can be located, a court can:
  • Order salary deduction (garnishment order)
  • Seize assets for sale
  • Issue a arrest warrant on willful non-compliance. Criminal Charges – In more serious circumstances, willful non-payment can be a crime with a possibility of incarceration.

Maintenance defaulting ensures enforcing fiscal obligation as much as giving necessary aid to dependents. The process is official, formal, and can be enforced in court.

Summary of Appointment of Curators

The appointment as a curator is a formal procedure that is resorted to in case a person is not in a position to conduct his affairs because of mental incapacity, illness, or disability. The court makes a curator a formal agent over a person with incapacity (curandus). The procedure consists of:

• Application to court – A member from a person’s family, lawyer, or interested person applies in the High Court for a curator.
• Medical Assessment – Medical certificates from licensed practitioners (doctors, psychiatrists, etc.) are required in order to determine that the individual is incapacitated.
• Appointment of a curator ad litem – The court makes a temporary curator (curator ad litem) available to investigate the case and report on the state and resources of the curandus.
• Court Hearing and Judgment – The court examines curator ad litem report and makes a ruling on whether a Curator Bonis (for money matters) and/or a Curator Personae (for healthcare decisions and lifestyle choices) is necessary.
• Curator’s Duties – The curator will be in charge of money, goods, and care of the person, making sure that in all these, his interest is secured. The court sometimes demands regular reporting.
• Review and cancellation – In the event a curandus is enhanced or circumstances are modified, either a cancellation or a review can be triggered.

This process safeguards the interest and rights of those who are not competent.

Summary of Section 21: Amendment Matrimonial Property System

This section amends Section

Section 21 of the Matrimonial Property Act entitles married couples in wedded bliss in South Africa to convert their matrimonial property arrangements with a petition lodged in court. The petition is mainly lodged in a bid to convert from an in-community property to an out-community property or amend their preexisting antenuptial contract. The process is as follows:

• Joint Application—The two spouses are made to apply in parallel with each other, making a modification in both spouses interests as well as not prejudging third parties. A notary drafts a new wedlock contract with new terms. The Government Gazette and local newspapers advertise a notice to creditors at least two weeks before a court date.
• Affidavits and Disclosure Statements—The spouses have to file affidavits about their means and state that modification is not a fraud on creditors.
• Court Hearing—The case is brought before a court on account of third-party or creditor objection.
• Approval and Registry—In the event that it is approved, a new contract is deposited in the Deeds Office, which is legally binding.

This process allows couples to restructure their financial affairs but requires strict legal compliance and court approval to protect creditors and third parties.