At CSM Attorneys we Care to Simplify

A dynamic, energetic and people driven boutique law firm.

Unopposed Divorce

When a married couple decides to divorce in most cases they agree on the process (amicable divorce). This then makes life a little easier and allows the process to be finalized in a shorter period of time. An unopposed divorce is usually the best way to separate and costs much less than an opposed divorce. A settlement agreement is then drawn and will incorporate all the necessary terms of the divorce. Where the parties have reached agreement regarding the terms of divorce, a settlement agreement is signed and the matter is enrolled for hearing on the unopposed court roll. An unopposed divorce can be finalized in four to five weeks and costs a fraction of an opposed divorce. CSM Attorneys will ensure that the client is fully satisfied with the arrangement before finalising the process.

Opposed Divorce

Regrettably, two parties may not agree on the best way to separate and this results in the process being taken to the courts whereby the ultimate decision is placed in the courts hands. Through this process it is important to have a good legal team by your side to help get the most favourable outcome from the divorce. CSM Attorneys understand opposed divorce procedure and know that with opposed divorces it is imperative to talk to knowledgeable legal minds, so that they can assist you make the right rational decisions at a very sensitive and extremely difficult time.

Maintenance

In any family proceedings there is usually the issue of maintenance, which is the necessary support that a party has to provide to their child(ren) or spouse. This process although simple to establish, is usually met with huge resistance by the party that has to pay. Therefore there is always a need to seek assistance with maintenance matters so as to get fair and equitable maintenance from the courts. At CSM Attorneys we are able to enforce maintenance rights in the proper manner through a diligent approach.

Ante Nuptial Contracts

These help determine your marriage regime. It is important to discuss the type of marriage system you and your future spouse would like to enter into, with this in mind, here at CSM Attorneys we are able to assist you make the right choice.
There are three ways of getting married in South Africa:
In community of property - If you get married without an ANC, you are automatically married in community of property. This means that the assets and income of both spouses fall into one joint estate. Out of community of property - with the accrual system - If you do not want to get married in community of property, you need to enter into an ANC.
Out of community of property - without the accrual system - If the ANC excludes the accrual system, then the spouses have separate estates, and upon divorce, neither spouse has a claim against the estate of the other.

Credit Health

Having an adverse credit record or being Blacklisted as they call it, is not a good position for any consumer as this means that you do not qualify for credit (that new car, lounge suite or dream house). Usually most consumers find out that they are Blacklisted when they actually apply for credit and the sadness and confusion that follows is hard to deal with.
Being blacklisted although difficult is in most cases a repairable situation, which with the right measures can be restored setting a consumer back on the road to credit health. There are different ways of being listed (black) and the common listings include:

Diverse or Adverse Listing

This is where a consumer defaults on payment and the credit provider requests that they be listed as a defaulter, this information is retained for a period of 1-2 years depending on the type of listing. There is a procedure regarding these listings and with the advent of new legislation to regulate credit health, it will be of great help to scrutinise the listings and to vigorously engage the credit provider involved to establish the source and the procedure followed.

Judgements

This is where a consumer has a judgement granted against them by a creditor in pursuance of their debt. Judgements are the result of court action having been taken and there is a court case associated with the listing. This listing is retained for a period of 5 years. The interesting aspect of this type of listing is that if the debt is settled prior to the 5 year period it can be removed immediately if the consumer applies for a rescission of judgement through the issuing court.

Notices

There are various types of notices that can be listed on a consumers record. These notices are as a result almost always of; Debt Counselling, Administration or Sequestration. These type of listings remain on a profile for up to 10 years, and during this period there is absolutely no chance of obtaining credit. However with these type of listings there is the real and achievable process of rehabilitation because situations do change and a consumer can improve their finances at any time. An application to court can have some of these listings removed.

How Can I Restore My Credit Health

At CSM Attorneys we are able to assess each and every individual case and advise on a sustainable solution, that offers the quickest A-B road to a healthy credit record. From advice on how to settle your debts to rigorous engagement with the bureaus and credit providers regarding procedures followed, we are able to provide a worthwhile solution to the nightmare that is being Blacklisted.

Get Your Credit Report

If you may have any concerns about your credit record or are about to apply for credit, then you should obtain your credit report, so that you can assess your status and seek the necessary assistance for a better credit life.
You can obtain your free credit report (once a year) from any of the three major bureaus being; TransUnion(ITC), Experian or XDS. However these reports are bureau specific and only relate to that specific bureau. It mostly happens that a consumer can be listed on one credit bureau and not the other; however you may approach all three bureaus to get your reports. The alternative is to get your combined 3-in-1 credit report with information held by all three bureaus from CSM Attorneys.

Contact Us

Family Law. Credit Health.

Take some time and contact us, for a no obligation Telephonic or Email consultation.
  • I wanted to buy a car, I had a default, CSM Attorneys helped me get to work. Thank You
    John Binda
  • I had to stand in a queue at the Divorce Court, I was referred to CSM Attorneys, this made my life easier, what a pleasure!
    Jaqui Van Jaarsveld
  • My husband and I both felt it was time to move on. Thanks to CSM, the transition was made easier.
    Phindile Mahlangu

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JOHANNESBURG
No.1 Waterford Office Park
3 Waterford Place
Cnr Witkoppen Place
Paulshof
2056
Tel:011 467 7417
Cell:074 813 6679
Fax:086 694 3942
Email:chris@csmlaw.co.za
P.O.BOX, 1625 Ferndale, 2160