At Aldi Writes Attorneys, we can assist with your debt collection problems. We follow the litigation process regulated by the rules of the High Court or the Magistrate’s Court strictly in order to ensure a positive outcome.

We assist numerous schools in the Roodepoort/ Krugersdorp area with the collection of arear school fees.

Unopposed divorce – in an unopposed divorce, the parties have already decided what will happen with the divorce i.e where will the children stay, how will the assets be divided, maintenance for the children or spouses, ect. The parties will enter into a settlement agreement and same will be made an order of court. An unopposed divorce can take a period between 6-8 weeks to be finalised.

Opposed divorce –  an opposed divorce is when the parties cannot get to an agreement regarding the divorce proceedings. It cannot be determined how long an opposed divorce will take to finalisation or what ancillary expenses will have to be borne. At opposed divorces the attorney’s hourly rate will be applicable and will not include costs of an advocate, expert witness, sheriff, ect. These costs will be charged by the separate individuals.

Rule 43 application/ Section 58 application –  A Rule 43 (in the High Court) or Section 58 (in the Magistrate’s Court) application is an application for an interim order pending the divorce proceedings. This application will be used where one of the parties seeks relief from the court in respect of one or more of the following matters:

• Maintenance pendent lite;
• Contribution towards the costs of a pending matrimonial action;
• Interim custody of a child;
• Interim access to any child

The court will hear the evidence on paper by way of argument through the parties’ legal representatives where after the court will make an order as it thinks fit to ensure a just and expeditious decision.

In order to assist parties in a peaceful regulation of their divorce we offer the services of divorce mediation.

Why should you consider divorce mediation?

Mediation is cost effective (not so expensive than litigation), quicker and can be less traumatic than litigation. Mediation can be chosen by the parties before engaging on litigation, however should litigation already started and the need arises for mediation the parties can be referred to mediation.

Mediation is a consensual process which involves both parties to be involved with the divorce proceedings through the assistance of a third party i.e the mediator.

The mediator is a neutral person and does not work for any party specifically. All information shared at the mediation process is confidential. The mediator cannot provide legal advise to any party and should the parties require legal advise, same can be obtained from their respective attorneys on record. The mediator merely assists the parties to get to an amicable settlement in the divorce proceedings.

At mediation a joint decision by both parties can be made regarding the children, custody and access and finances of the parties.

Parenting Plan – Parenting Plans are drafted where there are minor children involved. In case of a divorce the parenting plan will be an annexure to the divorce settlement agreement. In the parenting plan the parental responsibilities and rights, such as residence, maintenance, contact, schooling and healthcare of the children are determined.

Antenuptial Contracts –  The difference possible forms of marriage are:

• The marriage in community of property;
• The marriage out of community of property with the accrual system;
• The marriage out of community of property without the accrual system.

The marriage in community of property

In this marriage a common or joint estate is created consisting of all the assets and debts of the spouses irrespective of whether such assets and debts were acquired or incurred before or during the marriage.

The obvious advantage of the marriage in community of property is that the husband and wife share equally in each other’s financial affairs, however, the obvious disadvantage is that they also share equally in each other’s financial setbacks.

In South African law, you do not need a contract to regulate a marriage in community of property and should you marry without an Antenuptial Contract, you will be automatically being married in community of property.

The marriage out of community of property without the accrual system

In this marriage there are 2 (two) estates, the husband’s estate and the wife’s estate, which consists of all his or her pre-marital assets and liabilities as well as the assets and liabilities acquired after the marriage.

The main advantage of this system is that each party retains his/her own estate and has the power to do with it as he/she thinks fit. The spouses are not liable for each other’s debt incurred before or during the marriage.

A disadvantage of this system is that a married woman who is not economically active usually does not share in the estate of her economically active husband upon dissolution of the marriage.

The marriage out of community of property with the accrual system

This marriage form leads to the creation of 3 (three) different estates:

• The husband’s estate (his assets and liabilities at the time of the marriage);
• The wife’s estate (her assets and liabilities at the time of the marriage);
• The common or joint estate of the husband and wife (all their assets and liabilities acquired or incurred during the marriage)

This marriage form is a combination of the best elements of marriages in and out of community of property. It allows spouses the freedom of action associated with a marriage out of community of property, as well as the benefit that they are normally not liable for each other’s debts. These benefits are also supplemented by certain advantages of the marriage in community of property in that the spouse may share in the profit generated through her husband

In order to regulate a marriage out of community of property without the accrual system or a marriage out of community of property with the accrual system it is required to enter into an Antenuptial Contract, drafted by an attorney and registered by a notary.

Maintenance for minor children – Maintenance of children means the monetary provision for their daily needs. The maintenance duty comprises the duty of parents to supply their children with the basic necessary amenities of life, such as accommodation, food, clothing, education and medical care. During the subsistence of a marriage, but also after divorce, both parents are obliged to provide maintenance in proportion to their means. A variety of factors play a role in calculating the amount maintenance payable which factors are as follows:

• The needs of the child in view of his age;
• Health;
• Educational needs;
• The financial circumstances;
• And social status of the parents

We can assist in the drafting of agreements which include but is not limited to:

• Memorandum of Agreements;
• Rental Agreements;
• Settlement Agreements