Family Law
Interpersonal disputes are inevitable, however, when things take a turn for the worst it’s best to seek the help of an independent third party to help resolve the dispute in question. Family law disputes encompass a wide range of issues, the most common, however, are disputes regarding:
- parental rights and responsibilities concerning a child’s parent or guardian,
- divorce proceedings;
- divorce mediation and settlements;
- domestic violence and harassment disputes;
- maintenance disputes relating to marriage, divorce, and children;
- administration of deceased estates; and
- estate planning.
Parental Rights and Responsibilities
When considering the relationship between parent/s or guardians and children two Acts stand out above the rest, namely the Constitution and the Children’s Act. The Constitution states the following “the best interest of a child is of paramount importance”, this is important to bear in mind especially when considering parental rights and responsibilities in respect of a child. In terms of section 18 of the Children’s Act a parent/s or Guardian/s has the following rights and responsibilities towards their child/children:
- to take care (commonly known as custody) of the child;
- to keep contact of the child;
- to act as a guardian of a child; and
- to contribute to the maintenance of a child.
These rights and responsibilities automatically vest in both parents of the child; however, a situation might arise where the child does not reside with both parents. In this case, specific rights and responsibilities may be allocated to specific parents.
Our services
Our services include but are not limited to:
- Mediation concerning parental rights and responsibilities;
- Drafting of parenting plans;
- Rights of a father of a child born out of wedlock;
- Enforcement of orders relating to family matters;
- Maintenance applications.
Divorce proceedings, mediation, and settlement
We act on behalf of both parties (Plaintiff and Defendant) with regards to the constitution of divorce proceedings. At Ric Martin Inc we understand that separating from one’s spouse can be one of the most difficult decisions a person can make. It affects not only the immediate parties involved, which are the parties to the divorce proceedings, but also any children the parties may have, relationships with extended families and the division of assets. We offer a wide range of services to ensure that this transition is as smooth as possible.
Our services
Our services include but are not limited to:
- Institution of divorce proceedings in the High Court;
- Negotiation and mediation of disputes relating to the divorce proceedings;
- Application for interim maintenance;
- Applications for forfeiture of patrimonial benefits (where one party believes that the other party unduly benefited from the marriage the court may make an order that the patrimonial benefits of the marriage be forfeited wholly or in part in the favour of the other);
- Drafting of parenting plans;
- Drafting of divorce settlements.
Domestic violence and harassment
South Africa has one of the highest rates of violence against women and children, however, that should not take away from the fact that men may also be victims of domestic violence and abuse. To be able to protect yourself one must first be able to understand what is meant by domestic violence and harassment and secondly, be able to know what your remedies are in terms of the law.
The Department of Justice defines domestic violence as “an ongoing pattern of coercive control which may increase in severity offer time, the situation is further exasperated by the fact that the victim/s and the perpetrator/s often share the same home, financial, social, and familial ties.” Though the most well-known example of abuse is physical abuse, the Domestic Violence Act goes on to include sexual abuse; emotional, sexual and psychological abuse; economic abuse; intimidation, harassment, stalking, damage to property and unauthorised entry into a victim’s residence.
Harassment can more or less be defined as unwanted behaviour which causes another person to fear harm. Harassment may take the form of stalking; pursing; telephone calls; messages via text; social media, email, letters, etc; verbal communication, etc.
Our Services
Our service includes, but are not limited to:
- Advice on domestic violence and harassment;
- Assisting with applications for protection orders, both interim and final.
- Assisting with the enforcement of protection orders.
Helplines
| SAPS | 1011 |
| CHILDLINE | 800 012 322 |
| COMMISSION FOR GENDER EQUALITY | 800 007 709 |
| STOP WOMEN ABUSE HELPLINE | 800 150 150 |
| NATIONAL CHILD WELFARE SOCIETY | 740 808 315 |
| LIFELINE NATIONAL COUNSELING | 861 322 311 |
| REPORT NEGLECT OR CHILD ABUSE | 86 124 453 |
Wills & Estate Planning
From the age of 16 years old a person is eligible by law to draft a valid will, it is, therefore, almost never too early to as they say “get your affairs in order”. When drafting one’s will there are various factors to take into consideration such as statutory compliance; the matrimonial property system which you have married into; how you wish for your estate to devolve, whether you wish to execute a joint will with your spouse; whether you wish to establish a trust for your family etc. At Ric Martin Inc we would like to assist you in making the right decision which will benefit your family when you are no longer able to be there for them. Once a year we also participate in the Law Societies Will’s week initiative where we draft basic wills free of charge.
Our services
Our services include but are not limited to:
- Drafting and reviewing of wills;
- Safekeeping of wills;
- Estate planning;
- Administration of deceased estates;
- Curatorship appointments;
- Administration of testamentary and inter vivos trusts;
- Winding up of insolvent estates;
- Acting as curators and or trustees of an estate;
- Acting as executors of estates.
Our experience
- parental rights and responsibilities with respect to a child’s parent or guardian,
- divorce proceedings,
- divorce mediation and settlements,
- domestic violence and harassment disputes,
- maintenance disputes relating to marriage, divorce, and children,
- administration of deceased estates
- estate planning.
- Mediation concerning parental rights and responsibilities;
- Drafting of parenting plans;
- Rights of a father of a child born out of wedlock;
- Enforcement of orders relating to family matters;
- Maintenance applications.
- Drafting and reviewing of wills;
- Safekeeping of wills;
- Estate planning;
- Administration of deceased estates;
- Curatorship appointments;
- Administration of testamentary and inter vivos trusts;
- Winding up of insolvent estates;
- Acting as curators and or trustees of an estate;
- Acting as executors of estates.
