Family Law, Divorce & Conveyancing Specialists in South Africa
Rule 43 of the Uniform Court Rules provides parties involved in divorce proceedings with the opportunity to approach the court for an order granting interim relief pending the finalisation of a divorce. This rule aims to avoid any considerable prejudice to either party pending divorce. The interim relief the
Parental Alienation as a form of emotional child abuse and is the single most important concern for Family Law practitioners in South Africa. Parental alienation occurs when separated parents inflict doubt in the children’s minds towards the other parent resulting in frustration by one parent to have contact with
Cohabitation, living together or a domestic partnership, is not recognised as a legal relationship by South African law. There is, consequently, no law that oversees the rights of parties in a cohabitation relationship. Cohabitation usually refers to people who, regardless of gender, live together without being validly married to
The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the
The relationship between a parent and child is one of the most unique and intimate relationships that the law attempts to regulate. It is important to highlight the fact that in the Children’s Act responsibilities is mentioned before parental rights, and one can assume that the legislature did this
Sometimes, married couples drift apart without ever getting a divorce. It occasionally happens that neither spouse takes any active steps to initiate the process and they simply lead separate lives until one of them starts thinking about marrying again and realises that there is some paperwork to be done.
The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country. The purpose of the Convention is to protect
One of the ways of resolving a divorce is through the negotiation of a settlement agreement. This involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around
A Children’s Court is a special court which deals with issues affecting children. Every Magistrate’s Court in South Africa is a Children’s Court. The Children’s Court also takes care of children who are in need of care and protection and makes decisions about children who are abandoned, neglected or
The essential basis of the claim is the reciprocal duty of support between spouses, which includes the cost of legal proceedings. When assessing a spouse’s reasonable litigation needs, a court will have regard to what is involved in the case, the scale on which the parties are litigating, or
