We are specialist family law attorneys who assist with all aspects of family law.

Family law is a dynamic and ever evolving field which encompasses a broad spectrum of law ranging from law of contract (for example ante nuptial contracts) to criminal law (for example domestic violence).

Our knowledge of and expertise in family law and related disciplines serve as a solid foundation for the professional, considered and accurate advice and assistance which we render to our clients.

Our Focus Areas:

• Maintenance
• Custody/Access
• Guardianship/Parental Rights and Responsibilities
• Ante-nuptial Contracts
• Post Nuptial Variation of Marital Regime
• Domestic Violence
• Adoptions

Maintenance

A parent's duty to contribute financially towards their minor child's maintenance needs is contrary to popular belief, distinct from the issue of access and custody. The default position is that both parents are required to contribute equally having regard to:

• Their respective financial means
• The standard of living to which the minor child / children is/are accustomed.

Our specialist knowledge and expertise extends to the following:

• Enforcing fair and equitable maintenance in the maintenance courts as well as providing mediation services where appropriate
• Defending, opposing and appealing against unfair and excessive maintenance claims in the maintenance courts
• Launching and defending High Court applications in terms of Rule 43 for interim maintenance.

Custody/Access

"Custody" is now referred to as "Primary Residence" and "Access" is now referred to as "Contact Rights". In this regard our courts are guided by one fundamental principle: "the best interests of the child". Whilst Primary Residence is usually awarded to the mother in respect of small children, it is generally accepted that fathers are as equally capable of "mothering" as mothers are of "fathering".

Primary Residence will normally be granted to the parent who is in a position to best care for the child and the non custodian parent will normally be granted reasonable rights of contact. A court will not likely deprive a parent of contact with their child and will only do so if aggravating circumstances such as alcoholism, substance abuse, physical abuse etc are present. In unopposed divorces it is advisable to draw up a detailed access schedule, clearly setting out the precise terms and conditions which will govern the respective parties' rights of contact.

Guardianship/Parental Rights And Responsibilities

"Guardianship" is now referred to as "Parental Rights and Responsibilities". The main component here is the right to make decisions on a daily basis with regard to the child's well being. By default both parents share equal decision making rights. Nevertheless when it comes to major decisions such as removing a child from the country or major surgery to be performed on the child, both parents consent will be required. Once again a parent's decision making rights will only be limited or removed if exceptional circumstances prevail.

Ante-Nuptial Contracts

Our law recognizes three principle matrimonial property regimes:

• In community of property (everything shared)
• Out of community of property excluding the accrual system (everything separate)
• Out of community of property with inclusion of the accrual system (everything shared from date of marriage)
• It is crucial to note that in order to be valid an ante nuptial contract must be concluded and signed prior to marriage.

Post Nuptial Variation Of Marital Regime

Many people get married and then regret not having signed an ante nuptial contract prior to their marriage. If valid reasons exist as to why a change is requested and there is no prejudice to creditors, a couple can make application to court for variation of their matrimonial property regime.

Domestic Violence

We assist clients with all aspects of domestic violence including applying for and defending applications for protection orders.

Adoptions

We assist with and advise clients in all matters associated with local and international adoptions.

Contact Us For Your Family Law Requirements