Family Law

It’s a question that comes up in almost every custody dispute:“Does the mother automatically get full custody of the child?” While many South Africans believe this to be true, the answer is clear — no, mothers do not automatically get full custody. South African family law has moved far beyond…

One of the biggest concerns in any divorce is the division of property and assets. Who gets what, and why? The answer depends largely on your matrimonial property regime — the legal framework that governs how assets and debts are owned between spouses. This guide breaks down how property and…

Starting the divorce conversation is often one of the most emotional and difficult parts of the entire process, especially if you are unsure how your husband will react. Fear, uncertainty, and the weight of shared history can make it challenging to find the right words and the right moment. This…

Divorce is one of the most difficult decisions a woman can face. It affects every aspect of your life — your home, your children, your finances, and your emotional well-being. If you are a woman considering divorce in South Africa, this guide is designed to help you take control of…

Divorce can feel overwhelming, especially for men who fear they might lose their home, their savings, or even contact with their children. But it doesn’t have to be that way. South African law applies equally to men and women, and there are clear legal protections in place to safeguard your…

If you’re thinking about divorce, one of the first questions you will likely have is: How long will it take? The answer depends on whether the divorce is contested or uncontested, the court in which it is filed, and a variety of practical factors that can speed up or slow…

In divorce cases involving minor children, one of the most critical decisions the court must make is determining the primary residence of the child. The guiding principle in such decisions is always the best interest of the child. This article explores the elements that South African courts consider when deciding…

Domestic violence is a severe issue that affects many individuals across South Africa. To combat this, the South African government enacted the Domestic Violence Act, No. 116 of 1998. This Act aims to offer protection to victims of domestic violence and to provide legal remedies to prevent further abuse. This…

In South Africa, the issue of maintenance is critical for ensuring that children receive the necessary financial support from their parents. While the obligation to support minor children (under 18) is straightforward, maintenance on behalf of a major child (18+ years old), presents a unique legal challenge. This article explores…

Navigating the process of claiming maintenance can be daunting, but understanding the necessary steps and required documentation can significantly ease the burden. This article outlines the procedure for claiming maintenance in South Africa, providing a clear guide on what to expect and how to prepare.  1. Initial Consultation with Your…