Family Law

MATRIMONIAL PROPERTY SYSTEM ADVICE (Drafting Of Antenuptial Contracts) 

The initial consultation provides our clients with an overview of the various contracts that parties can enter into when getting married.

We provide our clients with an understanding of the benefits and disadvantages of each respective regime. 

MAINTENANCE (Child And Spousal) 

Maintenance is the obligation to provide another person, for example, a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.

PARENTAL RIGHTS AND RESPONSIBILITIES OVER A CHILD IN SOUTH AFRICA

The rights and responsibilities of a parent are set out in the Children’s Act 38 of 2005 (the “Children’s Act”) and can be defined as a complex set of rights, duties and responsibilities which have to be performed in the best interest of the child. These rights and responsibilities include the following elements namely: care of the child, maintaining contact with the child…

PARENTING PLAN AGREEMENTS

The Children’s Act offers parenting plans as a method to assist parents in exercising their parental responsibilities and rights after separation or divorce.

Parenting plans are a relatively new concept in South Africa but are already popular in countries such as the United States and Australia, and in certain European countries. A parenting plan sets out how parents will exercise their respective responsibilities and rights.

DOMESTIC VIOLENCE

Domestic violence and abuse can happen to anyone, yet the problem is often overlooked, excused, or denied. This is especially true when the abuse is psychological, rather than physical. Noticing and acknowledging the signs of an abusive relationship is the first step to ending it.
Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior …

DIVORCE

We’ll meet with you and hold your hand throughout the process, help you decide on how to divide your assets fairly and work out what is best for your children. We’ll help you to minimize the cost and stress of a divorce. Our fee includes all consultations and putting together a settlement agreement that will be made a court order. This agreement regulates how you split assets, who your children live with, maintenance, visitation rights..

DRAFTING OF COHABITATION AGREEMENTS

A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together (whether they are heterosexual or homosexual).

Don’t let romance cloud the practicalities of moving in with your partner if your partner has asked you to share a home with him or her without getting married, it is important to remember that this decision could have practical consequences.