Makoma Selane Attorneys

Good day.
I went under debt review and have soo far paid most of the debts. My credit score is 0, i cannot apply for any credit. This has affected my husband too.

Yes when married in community of property, you share everthing provided for by law. And yes your credit score is on 0 becacuse you are under debt review( only managing to pay as per agreememt with creditors).

U will qualify if u apply to have the debt review order set aside or have finished paying off creditors or shown cause you can manage your affairs.

We are Makoma Selane Attorneys
0789173626

Makoma do you offer free advise.

Answer is: Yes ( only advise)
Area of law : children's court matters and some that do not require extensive legal work.

When: everyday from 3-4pm. Should we not be in court.

Makoma Selane Attorneys
Cell; 0789173626
WhatsAp: 0813383761

Makoma can i be jailed for denying my child's father acess n visits ( if an order is in place)

Answer is:Yes ( if there's a court order in place)
Why? Failure to comply with a parenting agreement by court order is contempt of court. ( gase wadira seo molao orileng sedire)

Denying a parent access to a child can land you in jail.

In a recent 2023 case A mother was sentenced to 12 months' imprisonment for contempt of court by the Gauteng High Court in Pretoria for denying the father of her child access and contact.

Once a court order exists, you comply with it should there be changes you vary some terms or change it.. At no tym do you take the law into your own hands and deny the other parent their rights.

Need help with parenting plan we are here for that.

We are Màkoma Selane Attorneys.
0789173626

Today we received a very interesting inbox regarding maintance arrears turned into criminal proceedings..

Can one go to jail for failing to pay maintance??
Answer : YES

Why? You failed to honour a court order( if one is in place )

A person who fails to make a particular payment in accordance with a maintenance order ( order in place)is guilty of a criminal offence and liable on conviction to a fine or to imprisonment. A parent is therefore fully entitled to lay a criminal charge against a person who is obliged to pay maintenance in terms of a court order if he/she fails to stick to the terms of the order.

If you are unable to pay, apply back to court for variation or discharge.

Do not sit n say " i dont have work or money " when a maintance order exists.

We are Makoma Selane Attorneys
0789173626.

Marriage in community of property means that you share everything..
assets and DEBTS too.

Yes you share the debts too if you do not believe us get married in community of property and see.

Makoma Selane Attorneys

As an employee often you get charged for a misconduct which you were not aware of. Some are dismissable misconducts from the instance.

New or old n entering into a contract of employment kindly ask for copy of your contract as well as copy of the company policy in order for one to know when you have committed a misconduct.

Misconduct is what most companies fail to prove at the CCMA as they have no policy nor contracts to actually prove that they existed.
Do not become a victim of circumstances.

Should you require contracts of employment, do not hesitate to contact us.

We are Makoma Selane Attorneys
0813383761/0789173626

Pension fund,provident fund, life cover, policies...
If you have beneficiaries please specify in case it needs to be distributed & you are unable to attend to or deceased.

Specify your beneficiaries and if minors draw a will and a trust if you can afford to with clear instructions.

Because if you do not specify who the benefits are to go to. It will be paid into your estate and if married in community of property your spouse may benefit more or all and refuse to share with your children, they not only become hungry but also homeless.

Get a will, contract us today, avoid having your children suffer in future.
Makoma Selane Attorneys
0813383761/0789173626

Dear parents or car owners or house owners which are through a bond or financed with insurance. Please please inform your children about them, time to claim also in cases of death and all they need to do for a successful claim.

Your children should not have to suffer or lose the property all because you did not disclose. The insurance may pay a portion giving them time to find other means or all.

Inform those you can trust if need be or get a will and specify in it.

Makoma Selane Attorneys
0813383761.

Your father gets married ICOP to ur step mother and she comes along with her kids to the marriage.. the old man passes on( without a will) and there after , your step mom joins him.

Yes your step siblings will be the main beneficiaries becuase of INTERSTATE succession and consequences of marriage ICOP.

How , where , why , when will not help you then.
Be smart and get yourself a will.

Some debts can be settled some are life times that even in debt reviews settling them becomes a milestone..

Want to get out of debt review.
Book a consultation with us
We are Màkoma Selane Attorneys
0813383761.

Settlement agreements especially in divorces are not bad but if not drafted by expert's they will always always cost you to enforce.

1. When getting divorced, avoid having the issue of maintance be refererred to another court, get an order and only deal with enforcing or contempt after.

2. When dealing with property be very clear how it will be sold and in cases where one refuses to the detriment of the other, please do put a condition for recourse ( like having the sheriff sign on their behalf).

3. In a Will be very clear of the bond of security and clear on who is to be executor and if at a certain period fails wat recourse can your beneficiaries do. ( at times ur executors dont have the bond if security as its beyond them)

4. Maintance or contribution be very clear on which % it will increase and on what % as well as date applicable and failure thereof wat can you then do .

5. Medical aids increases yearly , make sure the clause add on that....

6. Pension fund/provident fund make sure it is cited correctly.

7. Future maintance and lumpsum should one exit their jobs or resign.

8. University fees -registrations n the rest.

Avoiding not knowing where to but u have a settlement agreement made an order of court... which leaves you having to ask for interpretation.

Yes you can get divorced without a lawyer; ask the legal aid or pro nono offices for settlements templates or PAY FOR ONE.

Before entering into anything legally binding and u have no knowledge of consequences especially property ( before signing the OTP) book a consultation with us or any attorney of your choice to understand implications or legal aid if they can assist you.

2k in consult is better than loosing 100k in legal dispute. The world has changed and protecting yourself should not just be an option but a priority.

You have a right to be consent
Makoma Selane Attorneys

Dear Makoma Selane Attorneys, i bought a house/ car/land & The seller people have decided to keep my money and do not want to transfer or deliver

Be very careful of backdoor deals that require cash without papers...unfortunately now the work is on you to prove the sale agreememt as well as enforcing it, which means more money out of your pocket.

Ther's legal aid to assist if u do not have money for private attorneys. Nothing compels you yo buy anything without doing due diligence... if it was not meant for you it was not.

Makoma Selane Attorneys

Husbands and wives make a will, even if its just for a house or your pension funds. You made a choice to marry inCOP, now protect your children with your 50% or your children will suffer.

It is realy not nice to sit down with your children after you are gone explaining why they wont get anything or will only get 10%.

We just condulted with the children of the deceased and they just lost the house and will now be homeless as the surviving spouse has choosen to sell the property.

Please parents make a WILL.. atleast bequeath your 50% unlike leaving it hanging to be decided by operation of the law.

Makoma Selane Attorneys
0813383761

Inbox.

My mom and step dad separated 5-10yrs ago and my mom passed away in January, my moms husband(step dad) cameback and claimed everthing, my mom was a teacher and he took all her pension funds, he has even sold the house.
We are homeless, is this legal?,? Can my step father do that(they were married in community of property)

Unfortunately he can especially if marriage is in community of property with no Will , parents kindly put yr children first and marry out or with accrual. Your children will suffer consequences of your love choice. Marriages in community of properties have dire consequences..

In South African law there's no such thing as separation , ONLY a divorce or your long separated spouse will come back and well within his or her rights to claim what is thiers as by law they are still recognised as your spouses not separated partner.

If you do not forsee any damage repair, divorce and leave ur 50% with your loved one.

Makoma Selane Attorneys
0813383761

We do help out with providents funds, death claims , pension fund ect. The money to reflect in the claimants account or deceased estate account.

We have had success soo far, and still mantain that you matter is our priority.

We are Makoma Selane Attorneys
App or call 0813383761 for assistance.

Child Maintance
Child Custody
Child Access
Are all different applications treated on their own merits.

A man can take a woman to court for denying him access and a lady can take that same man to court for maintance. These 2 applications are different and will be dealt with on their own dates and courts. No parent will be denied access unless there's a court order. Both parties have parential rights and responsibilities unless ordered otherwise.

Makoma Selane Attorneys
0813383761

Acting on instructions...

Lobola is not a requirement for a valid customary marriage. Lobola is not a requirement for a valid customary marriage.. Lobola is not a requirement for a valid customary marriage.
Lobola is not a requirement for a valid customary marriage.

We are Makoma Selane Attorneys

Child maintance and future child maintance.

Please note that you can bring a claim for future maintance if the party paying child support threatens to resign and withdraw all the pension/ provident fund money.

Do do not wait untill they have processed it ( after resignation) & paid it out( it may be irretrievable). It can even be brought on urgent basis. Maintance takes preference over and over .

The longer you wait, the less likely ur Application will be a success. The minute you become aware of the resignation Act.
Its your choice whether u get smthing or nothing.

Makoma Selane Attorneys
App or call 0813383761

Unmarried fathers you have rights and we protect them.

Do ot give up now.

Makoma Selane Attorneys
0813383761

If you are married in terms of civil law marriage you cannot enter into a second marriage e.g customary marriage( second wife), therwise you would be committing a crime of (Bigamy) civil marriages are for one man & one women.

You will need to change your marital regime or divorce your civil law wife and enter into a new marriage contract in terms of customary law.

Makoma Selane Attorneys
0813383761

When executing a Will, kindly make reservations for the costs of executing that will and also the bond of security to be furnished for your estate. Your family does not have bond of security worth R3mil which is equivalent to your estate.
Kindly pay closer look into it, your estate value may be that whole amount equivalent to executing a will.

Be smart and choose wisely

My parents got married then got a house.
2020 father passed on, my mother remarried 2022 (in Community of property ), stepdad has his own house, so does my mom .. Last year she passed away. My siblings and i live in the house " current husband now always comes around takes stuff and locks the rooms in the house whenever he wants. he lives at he's own house with his kids, yet every chance he gets she comes over to disturb our peace......
What is our rights?? As the children if the deceased??

Iyooo consequences of marriages in community of property is painful on your children as now the house forms part n Parcel of the surviving spouse's estate irregardless and yes he can kick the your children out.

Had you married out of community of property your children would be safe n sound in the house withour any disturbance.

WHEN YOU HAVE CHILDREN BY ALL MEANS try and get married out of COMMUNITY OF PROPERTY or with accrual parents... stop living in the moment, love is obvious but death is certain and will leave your children homeless becsuse of your forever yena.

Contact us to get your contract ready before you enter into a world of no return(lobola negotiations).

Buying a property in your parent's name has more disadvantages than advantages..

1. What if your mother remaries and pass on in less than 4months , her husband passes on.who gets to benefit your step father's children.

2. What if your mother dies withot a valid WILL? how will you claim back what's yours from your other siblings whom will be entilted to what belongs to their mother on paper??

3. Your parent leaves a WILL and excludes you in it ???

4. What if you pass on and your children are in ur mother's care then she passes on and your siblings kick them out...???

5 what if your father marries a woman n passes on and your father's wife sends you an eviction notice???

Yes you and your siblings may love each other now we donno after tragedy how that will be ...
Buying a property in your parents name has advantages when you are the only kid other than that create a TRUST uphume emmyameni...

Makoma Selane Attorneys
0813383761.

Another labour matter done and dusted for the benefit of the employee... as we start the new year..
Happy new year and remember your matter our priority..

Being on Debt review put your credit score at 0 and as such makes it impossible for you to actually run the affairs relating to your finances.

We can assist with your removal from debt review .

Dont be left behind
Makoma Selane Attorneys
081 338 3761

A lot of times when a person dies with or without a will, his or her estate have to be reported at the master of the high court for the proper administration of the estate.

Hence when you approach certain companies they want a letter of authority or letter of executorship which gives you power to demand or make certain requests.

A letter of authority or executorship is obtained at the Master by the relevent person. Please do not make the mistake of not registering a deceased estate and avoid legal suits.

Certain companies may never help/assist you without any of the two letters above.

Administration of deceased's ESTATE.
Makoma Selane Attorneys
081 338 3761