Mavhengani Attorneys Inc

11/05/2025

Mavhengani Attorneys Inc
Attorneys, Notary Public and Conveyencer
011 845 7940/ 082 945 2881/ 074 434 6085
Email. [email protected]

13/02/2023

I was supposed to be on Tshigubu Online Radio at 20h00 today, unfortunately I couldn't make it after seeing a dentist who gave me an injection right on the jaw.

My apologies, this woman that I live with here at home for now is trying her best to see that I am well and ready for tomorrow.

To many Radio and TV shows' invitations, churches and seminars invitations.

12/02/2023

How do I claim for Maintenance? A recap

You apply for maintenance at the magistrate's court in the district where you live or where the minor children live if you are applying on behalf of minor children. Every magistrate’s court is a maintenance court. If you are not sure of the district under which you fall, then approach your nearest magistrate’s court and they will be able to tell you which maintenance court will assist you.

Once you find the right court, ask for the maintenance office, tell them reasons of your early visit and they will hand to you a document which is called Form A: Application for a maintenance order (J101).

You will be asked to complete this form or the Clerk of court may complete it for you based on the information that you will submit to him or her and will then submit the completed form together with proof of your monthly income and expenses. Receipts for grocery and clothing purchases may come handy and so electricity or rent bill or proof of payments may be used to prove expenses if available.

Another helpful tool is to compile a list of all required items supported by quotations or price list from at least two if not three different stores, crèche in case of a toddler, school fee invoice, school transport quotation from a Taxi association or school transport body, etc. We will discuss how to complete this Form A: Application for a maintenance order (J101) and how to calculate and arrange your expenses in a proper manner in another post.

The clerk of court will then process your application and set a date on which you and the person whom you wish to pay maintenance must come to court. This person is referred to as the Respondent in court papers. We will deal with people from whom you can claim maintenance from, either for yourself or for minor children in another post.

You will then be issued with a directive (a document indicating the date that you and the respondent must come to court) together with your application and be asked to go to the nearest police station in the area in which the respondent reside or work and to ask the police officers to accompany you to the respondent.

You will then go to the respondent together with the police and the police will then serve your application for a maintenance order together with this directive to the respondent and explain to him or her what the application is about and will also indicate to the respondent that he or she is required to be in court at the place, date and time indicated on the directive.

The respondent is expected to sign to acknowledge receipt of the application and the directive or the police will indicate on the papers if the respondent refused to sign, that is not your problem. The application and directive may also be served by the Sheriff of court at a fee.

On the date that you and the respondent come to court, the respondent will have a choice between agreeing to pay the maintenance that you are claiming or contesting the matter in court. If the respondent agrees to pay the maintenance as claimed, the maintenance will then draft a consent and takes it to the magistrate who will review the relevant documentation and then make an order and may decide to do so without requiring that you and the respondent appear in court.

The maintenance officer will establish if the respondent intends to get a lawyer if he intends to contest the matter and the matter will then be postponed for legal representatives if you and or the respondent intends to get a lawyer.

On the next court date the parties will, together with the assistance of the maintenance officer, hold an informal inquiry into the matter and it may be possible to reach a settlement even at this stage, especially if both parties are being reasonable.

The matter may be postponed again for parties to exchange bundles (documents and bank statements showing income and expenses) in order to prepare for a formal inquiry before a magistrate if no settlement agreement has been reached.
On the date of hearing in court, your evidence together with that of the respondent and witnesses, if available, will be heard.

If the court finds that the respondent is liable for paying maintenance, it will make an order for the amount of maintenance to be paid. The court will also determine when and how maintenance payments must be made.

To continue, please follow our page “Mavhengani Attorneys Inc”.

Regards

Mudi Mavhengani
Mavhengani Attorneys Inc
Attorney, Notary Public & Conveyancer
Tel. 011 845 7940
Web. www.mavhenganiattorneys.co.za
page. Mavhengani Attorneys Inc

05/09/2022

11/07/2022

Let's talk Polygamous Marriages tonight

05/06/2022

Do you want to get married out of community of property?

If you are considering to do so, then you and your partner need to enter into an Antenuptial Contract which is also referred to as a Prenup contract.

This contract should be entered into before the intended marriage in the presence of a Notary Public.

If you do not enter into an Antenuptial Contract, then your marriage is automatically in Community of Property. In terms of our law, all marriages are automatically in community of property unless if the parties have entered into an Antenuptial Contract prior to their marriage.

Marriage in Community of Property means that both you and your partner's assets, including Pension Funds, inheritances and all liabilities and debts accumulated before or during the marriage are merged together into what the law refers to as a joint estate.

The result is that a joint estate which is formed of your assets plus your partner's assets together with all liabilities and debts comes into existence. There are many legal transactions that a spouse cannot do without the written consent of the other spouse, like selling or buying a house alone, entering into a loan agreement and others. One cannot even donate a house to his or her children without the written consent of his or her spouse.

Each party has powers to make decisions which bind the joint estate. Both spouses are liable to each other’s creditors for debts that were incurred before and or during the marriage. Even if it's a loan that one doesn't know about, including maintenance to a previous spouse or children born outside the marriage.

Marriage in Community of Property also leaves victims should spouses divorce as the joint estate is divided by law which may lead to loss of assets which were meant to be an investment, like a house. The parties are also entitled to each other’s 50% of pension funds calculated from the date of contribution and not from the date of marriage as many people believe.

It is also a huge blow on the business owned by one spouse should it end on divorce.

Unlike people who are not married or people who are married out of community of property without accrual, a person who is married in community of property does not have full unlimited capacity to make a Will because the Will will only apply to 50% of their joint estate. This means that one cannot give a property such as a house to his or her children or intended beneficiaries in terms of a Will.

You can avoid the consequences of in community of property by entering into an Antenuptial Contract.

If your wish is to get married out of community of property, then call us and book an appointment.

We will consult with you and your partner, draft a tailor-made contract that suit your needs and proceed to register it with the Deeds Registry Office.

All this for R4500 only, do not miss this chance.

Mavhengani Attorneys Inc
Tel. 011 845 7940
Mobile. 074 434 6085 / 082 945 2881
Email. [email protected]
Website: www.mavhenganiattorneys.co.za

24/11/2021

Do you have a valid and updated Will?

FOR R1500 ONLY, valid from 01 until 14 December.

We will draft a tailor-made Will for you to protect your loved ones from the consequences of you dying without a valid Will.

You will have the total freedom of nominating your preferred Executors and Trustees at no extra costs. You will benefit from the expert advice on your marital and propertiary rights as far as it relates to your capacity to make a Will. You will also have a choice of protecting the assets that you are leaving to your loved ones from in community of property should they get married later.

Whether it is a Joint Will between you and your spouse, or is your Will alone, we will do it for you at the same price of R1500 only.

This is a once off payment which includes a physical or virtual consultation through any platform with our Attorney.

Let us help you get your affairs in order today.

Mavhengani Attorneys Inc
We are here to help you

To book an appointment,

Call us at 011 845 7940 or 074 434 6085
Email: [email protected]
Website: www.mavhenganiattorneys.co.za

23/11/2021

Do you want to get married out of community of property?

Then you need a Notary Public to achieve that.

For R4500 only, Let us consult with you and your partner in order to draft and register a tailor-made Antenuptial Contract for you which will make your marriage to be out of Community of Property.

Please note that our offices will close on 15 December, so call us and book an appointment before we get fully booked.

Mavhengani Attorneys Inc
Tel. 011 845 7940
Mobile. 074 434 6085
Email. [email protected]
Website. Www.mavhenganiattorneys.co.za

28/10/2021

Antenuptial contract / Prenup / Marriage contract

An Antenuptial Contract prevents your marriage from automatically being in community of property. This contract ensures that you and your spouse are not liable for each other’s debts and are thus protected from each other’s creditors. This contract also gives you the freedom of deciding how your assets and gains will be distributed or divided when your marriage comes to an end, either because of death or divorce. It gives you 100% power to determine how your assets should be shared after your death.

All this will not happen if you don't enter into an Antenuptial Contract with your partner.

Let us consult with you and your partner; draft your tailor-made Antenuptial Contract and register it for you.

All this for R4500 only. This promotion will end when we close for December holidays on 15 December 2021.

So don't delay: Book your appointment now!

Mavhengani Attorneys Inc
We are here to help you
Tel. 011 845 7940
Email: [email protected]
Website www.mavhenganiattorneys.co.za

09/10/2021

ANTENUPTIAL CONTRACTS

A marriage which is Out of Community of Property can only be achieved by executing an Antenuptial Contract / Prenup / Marriage contract. Without an Antenuptial Contract, all marriages are automatically in Community of Property.

We offer a hassle free Antenuptial Contract services which include the following:

1. A consultation with an expert Notary Public,

2. The drafting of a tailor-made Antenuptial
Contract which suits both you and your
partner’s circumstances,

3. The provision of a certificate to the marriage
officer confirming ex*****on of an Antenuptial
Contract, and

4. Registration of your Antenuptial Contract at the
Deeds Office.

All this for R4500 only, payment terms negotiable.

CONTACT US

+27 11 845 79 40
+27 74 434 6085
[email protected]
Web: www.mavhenganiattorneys.co.za

Monday to Friday: 09:00 - 17:00
Saturdays and Sundays by appointment only

© 2021 Mavhengani Attorneys Inc. All Rights Reserved

19/09/2021

Do you want to get married out of community of property?

If you are considering to do so, then you and your partner need to enter into an Antenuptial Contract which is also referred to as a Prenup contract.

This contract should be entered into before the intended marriage in the presence of a Notary Public.

If you do not enter into an Antenuptial Contract, then your marriage is automatically in Community of Property. In terms of our law, all marriages are automatically in community of property unless if the parties have entered into an Antenuptial Contract prior to their marriage.

Marriage in Community of Property means that both you and your partner's assets, including Pension Funds, inheritances and all liabilities and debts accumulated before or during the marriage are merged together into what the law refers to as a joint estate.

The result is that a joint estate which is formed of your assets plus your partner's assets together with all liabilities and debts comes into existence. There are many legal transactions that a spouse cannot do without the written consent of the other spouse, like selling or buying a house alone, entering into a loan agreement and others. One cannot even donate a house to his or her children without the written consent of his or her spouse.

Each party has powers to make decisions which bind the joint estate. Both spouses are liable to each other’s creditors for debts that were incurred before and or during the marriage. Even if it's a loan that one doesn't know about, including maintenance to a previous spouse or children born outside the marriage.

Marriage in Community of Property also leaves victims should spouses divorce as the joint estate is divided by law which may lead to loss of assets which were meant to be an investment, like a house. The parties are also entitled to each other’s 50% of pension funds calculated from the date of contribution and not from the date of marriage as many people believe.

It is also a huge blow on the business owned by one spouse should it end on divorce.

Unlike people who are not married or people who are married out of community of property without accrual, a person who is married in community of property does not have full unlimited capacity to make a Will because the Will will only apply to 50% of their joint estate. This means that one cannot give a property such as a house to his or her children or intended beneficiaries in terms of a Will.

You can avoid the consequences of in community of property by entering into an Antenuptial Contract.

If your wish is to get married out of community of property, then call us and book an appointment.

We will consult with you and your partner, draft a tailor-made contract that suit your needs and proceed to register it with the Deeds Registry Office.

All this for R4500 only, do not miss this chance.

Mavhengani Attorneys Inc
Tel. 011 845 7940
Email. [email protected]
Website: www.mavhenganiattorneys.co.za