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Family Law

Family LawFamily Law

Also called matrimonial law, is an area of the law that deals with family matters and domestic relations, and includes: marriage, civil unions, domestic partnerships, adoption, divorce, maintenance claims, etc.

In South Africa family law is more complicated than in other countries due to traditional marriages, and the recognition of religious marriages. e.g. Islamic marriages concluded in terms of Islamic religious law or rites.

The Family Law department can assist clients with:

  • Antenuptial and Postnuptial Contracts
  • Divorces
  • Maintenance matters
  • Variation of existing divorce orders, where possible
  • Protection orders
  • Advice on separation of parties involved in cohabitation relationships
  • General family law advice
  • Estate Planning

In divorce matters finalising a settlement and the practical implementation thereof is crucial. Certain repercussions of divorce, such as ongoing contact and access arrangements in respect of minors, maintenance payments and the settling of matrimonial property require highly skilled legal assistance to ensure that this trying time is settled quickly and efficiently and in the interests of both the minors involved and our client. We can assist and provide valuable information and efficient assistance with all of the above.

Recent articles

Why Life Partners Still Need Cohabitation Agreements and Wills - What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A lot of the media coverage around the recent Constitutional Court decision dealing with this question may have given the impression that life partners are now as […]
Spousal Maintenance After Divorce and the “Clean Break” Principle - Our courts always prioritise the interests of children in any marital breakup, and child maintenance orders are accordingly tailored to ensure that both parents honour their obligations to support their children financially – to the extent that each spouse is able to do so, and for so long as is necessary. Spousal maintenance on the […]
Who Gets the House on Divorce? - Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often the most important asset in play from both a financial and an emotional perspective is the family home. So it […]
Divorce in a Time of Lockdown – What Grounds Can You Rely On? - The National Lockdown has thrown together many couples not used to spending “24/7” time in each other’s company. Relationships will have strengthened for many couples, but others will be struggling. The fears, anxieties and money worries now looming over us all certainly won’t haven’t helped. If your marriage is one of those unfortunate ones that […]
January is “Divorce Month”: Beware the Dangers of DIY - The festivities are over, the bills are coming in and everyone is returning to reality. Couples who for most of the year only have to live with each other after work hours, have suddenly spent a whole lot more 24/7 time in each other’s close company. Little irritations have magnified, habits have got on each […]