Family Law Attorney

Family law attorney assisting client in Durban

A family law attorney is a legal professional who specialises in handling legal issues related to family matters.

Family Law plays a critical role in protecting the rights and enforcing obligations of individuals and families in South Africa. We provide legal advice and representation in a variety of family law matters, ensuring that you achieve the best possible outcome for your situation.

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Why you may need a family law attorney

Divorce

If you are considering divorce, a family law attorney can guide you through the legal process and help protect your rights. We assist with negotiating and formalising divorce terms, including the division of assets, child-related arrangements, and maintenance.

Domestic violence

If you are experiencing domestic violence, we can assist you in applying for a protection order to help keep you safe. We can also guide you toward relevant support channels, groups, and organisations that may assist you. Click here to view those groups.

Child custody

If you are in a dispute about child custody, a child custody attorney can assist with parenting plans, contact arrangements, and representation where needed. The focus is always on solutions that support the best interests of the child.

Maintenance and property disputes

We assist with calculating, claiming, and enforcing spousal or child maintenance, as well as resolving related disputes. Where necessary, we can negotiate a settlement or represent you in court to protect your interests.

Other family law services we offer

Relocation

We assist with relocation applications where a parent needs to move with a child to a different province or country, including preparing the required documents and supporting evidence.

Curatorship

Our family law lawyers assist clients with curatorship applications to help protect individuals who cannot manage their own affairs, and to ensure legal and financial decisions are handled properly.

Mediation

As a family law firm, we support mediation to help parties resolve disputes more efficiently, especially where divorce, children, or maintenance issues are involved.

Prenuptial and postnuptial agreements

We draft and review prenuptial and postnuptial agreements to clarify property rights and obligations, and to reduce disputes if a marriage ends through divorce or death.

Family Law Enquiry Form

Need a family lawyer Durban clients trust? Complete the form below and our team will contact you to discuss your case.

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Family Law Questions and Answers

If you’re considering getting divorced, here are some basic steps to get started:

  1. Consult with an attorney
    It’s essential to speak to an experienced divorce attorney who can advise you on the legal processes, timeframes, costs, your rights and obligations.
  2. Determine your claims
    Armed with the right advice from your attorney, you will better understand the claims you may have against your spouse.
  3. Gather documentation
    You will need to gather all relevant documentation, including the marriage certificate, identity documents, antenuptial contract, birth certificates, financial records and any other documentation relating to the divorce proceedings.
  4. Negotiate a settlement
    If you and your spouse can agree on the terms of your divorce, including the division of assets, child custody and support, you can negotiate a settlement outside of court. Your attorney can help you draft a settlement agreement.
  5. Prepare a divorce summons
    If you cannot agree on the terms of your divorce, you will need to have a divorce summons issued at court and served on your spouse. Your attorney can assist you with this process.
  6. Attend court hearings
    Depending on the complexity of your case, you may need to attend court hearings before the divorce is finalised. It’s important that you are represented at each hearing.
  7. Finalise the divorce
    Once the court has granted your divorce, you will receive a decree of divorce. This document finalises the divorce and you can start moving forward with your life.

Remember, divorce can be a complicated and emotional process and it’s essential to seek professional support to help you navigate it successfully.

Click here to start divorce proceedings

Apart from Division of Assets, Maintenance, Child Custody, and Contact, when getting a divorce, there are several legal aspects that you need to consider, such as:

  1. Grounds for Divorce
    You can get divorced on the grounds of irretrievable breakdown of the marriage, which can be proved by showing that you and your spouse have been living apart for a continuous period of at least one year and/or that there are no prospects of reconciliation.
  2. Jurisdiction
    The High Court and Regional Courts have jurisdiction to hear divorce matters in South Africa. You will need to consider which court to approach depending on where you live.

AnteNuptial agreements, commonly known as “prenups,” and postnuptial agreements are legal agreements that couples sign in front of a Notary Public before getting married or during the course of their marriage, respectively. These agreements outline how the couple’s assets and debts will be divided on death or divorce.

Here are some reasons why a couple may need a antenuptial or postnuptial agreement:

  1. Protection of assets
    If one or both parties entering the marriage have significant assets, an antenuptial agreement can protect those assets in the event of a divorce. This can include property, investments and business interests.
  2. Protection of debts
    Similarly, an antenuptial or postnuptial agreement can protect one or both parties from the other’s debts.
  3. Clarity
    An antenuptial or postnuptial agreement can provide clarity and avoid confusion about financial arrangements during a marriage and in case of divorce.
  4. Protection of inheritance
    These agreements can protect a spouse’s inheritance, ensuring that it remains in their family.

It’s important to note that antenuptial and postnuptial agreements are not absolutely necessary for every couple but they can provide peace of mind and a sense of security for both parties and may avoid costly and stressful legal battles in the event of a divorce.

If you are in an abusive relationship and need to get out, there are legal options available to you. Here are some steps you can take:

  1. First, get help from a domestic violence organisation.
    There are many organisations in South Africa that can provide support and assistance to people experiencing domestic violence. They can help you create a safety plan, provide you with temporary shelter and connect you with legal resources.
  2. Obtain a protection order
    A protection order is a court order that prohibits an abuser from further abusing you, contacting or coming near you. You can apply for a protection order at your local magistrate’s court. The court will assess your application and, if granted, will issue an interim order to provide you with protection until the matter is finalised. A final order can be obtained after a hearing.
  3. Report the abuse to the police
    You can report the abuse to your local police station. They can investigate the matter and, if there is sufficient evidence, can arrest the abuser. It is important to keep records of any incidents of abuse, including photographs of injuries, injury reports from a clinic or hospital and copies of any threatening messages or emails.
  4. Seek legal advice
    You may wish to speak with a lawyer about your legal options. A lawyer can assist you with obtaining a protection order and can also provide advice on other legal remedies that may be available to you.

Remember, you are not alone, and there are people and resources available to help you. It is important to prioritise your and your dependants’ safety and well-being and to seek help as soon as possible.

According to the latest available statistics from Statistics South Africa(as at 2020), the country’s divorce rate has been steadily increasing over the past decade but it declined from 2019 to 2020. Here are some key findings:

  • In 2020, there were 17,234 finalised divorces in South Africa, which was a decrease of 10.6% compared to the previous year (19,187).
  • The crude divorce rate (CDR) in 2020 was 2.9 per 1,000 estimated resident population, which is the lowest rate since 2011.
  • The highest CDR was recorded in the age group 40-44 years for both males (6.7) and females (8.8) in 2020.
  • The median duration of marriage at the time of divorce was 11 years in 2020.
  • The most common grounds for divorce in 2020 were irretrievable breakdown of the marriage (54.7%), followed by unfaithfulness or infidelity (17.8%), and then abuse (8.3%).

The COVID-19 pandemic may have had an impact on divorce rates in South Africa, as access to courts was limited during the lockdowns but the lockdowns and economic pressures may have strained relationships – so we may see a spike in the divorce rate post-COVID.

A lawyer can assist in divorces by providing legal advice and representation during the divorce proceedings. Here are some ways a lawyer can help:

  1. Providing legal advice
    A lawyer can explain the divorce laws and legal processes to the client, helping them understand their rights and obligations.
  2. Assisting with negotiations
    If the divorce is amicable, a lawyer can help the parties negotiate the terms of the divorce settlement, including issues such as child custody, maintenance and the division of assets and debts.
  3. Representing clients in court
    If the divorce is contested, a lawyer can represent the client in court and advocate on their behalf.
  4. Drafting legal documents
    A lawyer can draft legal documents such as the divorce summons, settlement agreement and parenting plan.
  5. Providing emotional support
    A lawyer can also provide emotional support to their client during this difficult time and help them navigate the divorce process with as little stress as possible.

It’s important to note that divorce laws vary by country and jurisdiction, so it’s crucial to work with a family law attorney who is knowledgeable about the specific laws and procedures in South Africa.

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