Divorce and Family Law Attorneys

South African divorce law recognises irretrievable breakdown of the marriage as the most common ground. The court considers whether the marriage relationship has broken down to the point where there is no reasonable prospect of restoration. The facts and evidence depend on the matter.

Yes. If both parties agree on divorce, children's arrangements, maintenance, assets, liabilities and costs, an unopposed divorce may be possible. The agreement must be properly drafted and, where minor children are involved, the court must be satisfied that their best interests are protected.

A parenting plan records arrangements for parental responsibilities and rights, including care, contact, holidays, schooling, communication and decision-making. It should be practical and child-focused. In some cases, input from the Family Advocate or a suitably qualified professional may be required.

Child maintenance is based on the reasonable needs of the child and the financial means of the parents. Income, expenses, school fees, medical costs, care arrangements and special needs are relevant. Proper financial disclosure is important.

Maintenance can be varied if there is a material change in circumstances, such as income changes, unemployment, increased needs or altered care arrangements. A party should not simply stop paying without taking proper legal steps.

Where parties are married out of community of property with accrual, the growth of their estates during the marriage is compared and a claim may arise. Calculations depend on starting values, exclusions, assets, liabilities and evidence. Financial records are essential.

A divorce order can deal with pension interest if properly worded and compliant with the relevant legislation and fund requirements. Incorrect wording can delay payment or make the order difficult to implement. The fund details should be obtained early.

Relocation can affect care, contact, schooling and guardianship rights. Consent may be required, and the court may decide disputes based on the child's best interests. A parent should obtain advice before making irreversible travel or relocation plans.

The Family Advocate assists courts in matters involving the best interests of minor children, especially care, contact and guardianship disputes. The office may investigate, mediate and make recommendations. Its involvement depends on the case and court process.

Legal assistance is strongly recommended because settlement wording has long-term consequences for children, maintenance, property, pension interests and enforcement. A short consultation can prevent costly errors in a consent paper or settlement agreement.