Botma & Associates

Botma & Associates A general civil litigation and family law practice in Century City, Cape Town.

Botma & Associates was established in 2014 by Nadia Botma as a general practice in Century City. To date, the practice has grown in assisting both corporate and private clients in a wide array of matters, ranging from simple collections to complex civil litigation in both the Western Cape High Court, as well as Magistrates Courts across the city of Cape Town. The firm offers services in the follow

ing areas:

• Access to Children
• Adoptions
• Blacklisting
• Civil Disputes
• Contracts
• Custody
• Debt Collection
• Deceased Estates
• Divorce and Divorce Mediation
• Domestic Violence Applications
• Evictions
• Family Law
• Insolvency
• Leases
• Liquidation
• Litigation
• Maintenance
• Mediation
• Sequestration
• Trusts
• Wills

18/09/2024

Divorced, but still married?

Once a divorce order has been granted at Court, you will need to attend on the Department of Home Affairs with an issued copy thereof to amend and update your marital status. Until such time as you have done so, your status will remain as “Married” on the Department’s database and you will be unable to register a further marriage, despite being legally divorced for all other intents and purposes.

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An uncontested divorce, which can be finalized within 4 to 8 weeks, is the simplest and least expensive manner in which ...
16/09/2024

An uncontested divorce, which can be finalized within 4 to 8 weeks, is the simplest and least expensive manner in which to get divorced. You can proceed with an uncontested divorce if you and your spouse are in agreement on the terms of your divorce, which will include the:
🔹 Proprietary consequences of your divorce, or how your assets and liabilities will be divided. This will be regulated by your marriage regime, but any alternative arrangement may be agreed upon between you;
🔹 Maintenance in respect of your minor or adult dependent children;
🔹 Contact and care arrangement of your minor children; and
🔹 Spousal maintenance, if applicable.

In these cases, one or both parties will usually consult with us in order for us to prepare a settlement for your signature. Where there are one or two issues that you are not in agreement with, a mediation session should assist you in coming to a fair compromise. The party who opts to institute the proceedings, known as the Plaintiff, will be the only party required to appear at Court on the date of the hearing with us in due course. At the hearing, a final order of divorce will be granted, incorporating the terms of your settlement agreement.

We have an all-inclusive fee for uncontested divorces, where both parties reside in the Western Cape, which includes Sheriff's fees for service of the divorce summons. Payment arrangements may be made in respect of same.

Email us at [email protected], alternatively, call or Whatsapp us on 0676647302 to find out more.

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Wills Week is back from 16 to 20 September 2024! Contact us now to make an appointment for the drafting of your FREE bas...
28/08/2024

Wills Week is back from 16 to 20 September 2024!
Contact us now to make an appointment for the drafting of your FREE basic will.

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It’s Botma & Associates’ 10th birthday!Since 2014, we’ve been dedicated to providing our clients with exceptional and co...
04/06/2024

It’s Botma & Associates’ 10th birthday!

Since 2014, we’ve been dedicated to providing our clients with exceptional and cost-effective legal representation. We're incredibly grateful for the trust each client, colleague and counsel has placed in us over the years and are thrilled to celebrate a decade of serving our community.

Here's to many more years of fighting for what's right!

Having a properly drafted will in place simplifies the legal process upon your passing, ensures that your assets are dis...
08/09/2023

Having a properly drafted will in place simplifies the legal process upon your passing, ensures that your assets are distributed in accordance with your wishes, and allows you to choose a suitable guardian for your minor children.

We'll be offering complimentary will drafting services again from 11 to 15 September 2023. Book your spot now!

08/05/2023

Can spouses waiver a claim to spousal maintenance in case of their future divorce in their ante-nuptial contract?

🔹 Our Supreme Court of Appeal has held that a prenuptial waiver of maintenance contained in an antenuptial contract will be invalid and unenforceable. You can therefore not relinquish your right to claim spousal maintenance on divorce prior to your marriage. Amplified by section 7(2) of the Divorce Act, which provides a spouse with a statutory right to obtain a maintenance order upon their divorce, including such a clause in your antenuptial contract will also be found to be against public policy.

09/04/2023

REMINDER: The Legal Aid SA Means Test has been revised upwards, enabling access to legal services to a wider group of people.

This graphic has more information. If you have any questions, you can call our toll-free Advice Line on 0800 110 110, weekdays between 7am and 5pm. If you cannot call, send a Please Call Me to 079 835 7179 and we will call you back. Do note that our Advice Line is currently unavailable, but will reopen from 7am on Tuesday, 11 April.

You can also read more on our website: https://legal-aid.co.za/how-it-works/

During Wills Week - 12 to 16 September - we will assist you with drawing up a basic will, free of charge. You will only ...
30/08/2022

During Wills Week - 12 to 16 September - we will assist you with drawing up a basic will, free of charge. You will only need to instruct us:
1️⃣ who you wish to appoint as the executor of your estate upon your passing;
2️⃣ how you would want your estate to be divided; and
3️⃣ who would be the beneficiaries thereof.

Although it has long been held that parents of both minor and adult dependent children have a common law as well as a st...
22/07/2022

Although it has long been held that parents of both minor and adult dependent children have a common law as well as a statutory duty to support their children in accordance with their respective means, the latter has to date been excluded from being included in divorce orders and were necessitated to approach the Maintenance Court should they require financial support from their parents. The Supreme Court of Appeal has now held that section 6(1)(a) and 6(3) of the Divorce Act vests a parent with the requisite legal standing to claim maintenance from the other parent for and on behalf of their dependent adult children in their divorce.

You may know that civil debts can prescribe, that is, the obligation to pay can expire after a certain period of time. B...
04/07/2022

You may know that civil debts can prescribe, that is, the obligation to pay can expire after a certain period of time. But what happens if you have a maintenance order against the other parent of your child and they fail or refuse to pay in terms thereof?

Our Supreme Court of Appeal has held that an undertaking to pay maintenance in a terms of a maintenance or divorce order constitutes a “judgment debt” as defined in section 11(a)(ii) of the Prescription Act and not any ‘other debt’ as defined in section 11(d) of the said Act.

The importance in the distinction between a judgment debt and any other debt is that a judgement debt prescribes only after *30 years*, whereas any other debt prescribes after only 3 years.

Need assistance with submitting a complaint of arrear maintenance? Email us at [email protected], alternatively, call or Whatsapp us on 0676647302 to find out more.

If you wish to get divorced, but are unable to reach agreement regarding the division of your assets and liabilities, ca...
30/06/2022

If you wish to get divorced, but are unable to reach agreement regarding the division of your assets and liabilities, care and contact arrangements in respect of your children, as well as amounts payable in respect of child and possibly, spousal, maintenance, you will need to proceed with your divorce on a contested basis.

In this instance, your divorce may proceed to trial, where the Court will be asked to make a determination on the issues in dispute. A contested divorce can accordingly take anything from a few months (if agreement can be reached in the interim) to a few years to finalize.

Our fee for contested divorces is determined per item of work completed and clients are invoiced monthly for the work done in that period. Our itemized rates are available on request.

Email us at [email protected], alternatively, call or Whatsapp us on 0676647302 to find out more.

An uncontested divorce, which can be finalized within 4 to 8 weeks, is the simplest and least expensive manner in which ...
25/06/2022

An uncontested divorce, which can be finalized within 4 to 8 weeks, is the simplest and least expensive manner in which get divorced. You can proceed with an uncontested divorce if you and your spouse agree on all the terms of your divorce, which will include the:
🔹 Proprietary consequences of your divorce, or how your assets and liabilities will be divided. This will be regulated by your marriage regime, but alternative arrangements may be agreed upon between you;
🔹 Maintenance in respect of your minor or adult dependent children;
🔹 Contact and care arrangement of your minor children; and
🔹 Spousal maintenance, if applicable.

In these cases, one or both parties will usually consult with us in order for us to prepare a settlement for both parties’ signature. Where there are one or two issues that you are not in agreement with, a mediation session should assist you in coming to a fair compromise. The party who opts to institute the proceedings, known as the Plaintiff, will be the only party required to appear at Court on the date of the hearing with us in due course. At the hearing, a final order of divorce will be granted, incorporating the terms of your settlement agreement.

We have an all-inclusive fee for uncontested divorces, where both parties reside in the Western Cape, which includes Sheriff's fees for service of the divorce summons. Payment arrangements may be made in respect of same.

Email us at [email protected], alternatively, call or Whatsapp us on 0676647302 to find out more.

Address

The Colosseum, Foyer 1, No, 101, Century Way, Century City
Cape Town
7441

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

Telephone

+27676647302

Website

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