Family Law

We offer expert advice & assistance in all family, matrimonial & divorce law matters. Our service is efficient & focused on assisting you make informed decisions on the best solution to resolve your matter.

The decision to divorce your spouse is a difficult & emotional process. Spouses can choose how they want to get divorced – the divorce process is either uncontested/unopposed or contested/opposed.

Uncontested Divorce

It is advisable for spouses to choose an uncontested/unopposed divorce, as there is no formal trial and it is the less expensive divorce process. This divorce process is where both spouses agree on the terms of the divorce and we will draft a settlement agreement/consent paper for both parties to sign. If there are children involved we will also draft a parenting plan.

We offer a fast & affordable online uncontested divorce service for local & international clients. No need for face-to-face consultation, you only appear in Court to finalize the divorce.

Our all-inclusive fee for uncontested divorces are:
Local uncontested divorce is
(Western Cape)
R 12,500
Local uncontested divorce
(if you live in another province)
R 15,500
International uncontested divorce
(if one spouse lives in a foreign country)
R 20,000
Process:
  1. We will email you a divorce questionnaire for completion & a mandate confirming the all inclusive fee.
  2. We will attend to the FICA requirements.
  3. Once you make payment of the deposit we will draft and provide you with the draft papers to review & attend to signing with the spouses.
  4. Lastly, we will appear with you on the day of the divorce in Court.
Contested Divorce

A contested/opposed divorce is when spouses are unable to agree on the terms of their divorce. The Court will then decide on the issues in dispute.

Parental Rights & Responsibilities
including Guardianship, Care & Contact

The Children’s Act 38 of 2005 refers to parents responsibilities & rights, which include the responsibility to care for & right to contact with minor child(ren). When holders of parental rights & responsibilities are in dispute as to how each of their rights & responsibilities in respect of minor child(ren) are to be exercised, parties have to attempt to reach an agreement, before approaching a Court for assistance.

We can assist parties in trying to come to an agreement & focus on what is in the best interests of the child(ren).

Parenting Plans

A parenting plan is a written agreement between co-holders of parental rights & responsibilities. A parenting plan sets out how each parent will exercise their parental responsibilities & rights of care, contact, guardianship & maintenance in respect of a child, after separation or divorce.

A parenting plan can be registered with the Family Advocate’s Office or made an order of Court.

If you need a parenting plan, let us advise and draft a parenting plan in the correct format in compliance with the Children’s Act.

Paternity Disputes

Paternity in maintenance matters are important, as claims for maintenance are based on first establishing paternity.

Paternity can be determined/proved:
  • By parties consenting to submit to a paternity test; or
  • On a balance of probabilities

We offer legal advice & representation for all maintenance matters:
  • Application for maintenance order
  • Complaints of failure to comply with a maintenance order
  • Substitution or discharge of an existing maintenance order
  • Application for enforcement of a maintenance order
  • Application for interim maintenance pending divorce

Our fee for maintenance matters is time based according to an hourly rate.

Child Maintenance

The obligation to maintain a child rests on both parents to provide for the child’s needs – food, clothing, shelter, education & medical care. The extent of their respective obligations is based on the standard of living, income & means.

Spousal Maintenance

In a marriage, spouses have a reciprocal duty of support. A spouse claiming support has to be in need of it & the other spouse has to be of means to be able to provide it.

Spouses are not automatically entitled to spousal maintenance when divorced (no statutory right to maintenance). The Court has discretionary power to make a spousal maintenance order.

Maintenance Pending Divorce (Interim Relief)

When divorce proceedings are taking a long time to be finalized or when one spouse takes care of the household with no income, an application for interim maintenance can be ordered by the court.

Are you being subjected to domestic violence?

We can advise & assist you to obtain a protection order (also known as a domestic violence interdict or restraining order) against an abuser.

Domestic violence can take many forms, such as:
  • Physical abuse: an act/threat of physical violence with the intention to cause pain, injury, suffering or bodily harm e.g slapping, punching, choking, pushing etc
  • Sexual abuse: any conduct that abuses, humiliates, degrades or other that violates the sexual integrity of another person. Conduct of force or threat to get participation in unwanted sexual activity
  • Emotional, verbal & psychological abuse: a pattern of conduct that degrades or humiliates a victim, privately or publicly e.g. repeated insults, name calling, threats to cause emotional pain, controlling behaviour & isolating the victim from family & friends etc
  • Economic abuse: unreasonable deprivation of economic or financial resources from victim e.g. necessities, bond payments, rental payments or disposing of property which the victim has an interest in.
  • Intimidation: a threat which induces fear e.g. displaying a weapon, damage to property etc
  • Harassment: pattern of conduct that induces fear of harm in a victim e.g. repeated watching, following of the victim & correspondence (stalking)
Ante-nuptial Contract

Before getting married it is important for parties to think about what marriage regime they want their marriage to be governed by.

There are 3 marriage regimes in South Africa:
  • In community of property
  • Out of community of property without accrual
  • Out of community of property with accrual

All of the marriage regimes have different financial consequences for the parties & it is important to understand these consequences & make an informed decision.

For the drafting, execution & registration of your ante-nuptial contract, we offer an all-inclusive fee of

R2 900.00
Post-nuptial Contract

You & your spouse can change the legal laws applicable to your marriage by registering a post-nuptial contract.

The legal procedure involves an application to the High Court to request permission to register a post-nuptial contract.

Let us advise & assist you in bringing such an Application.