Family Law

With Family being at the core of what we do, it is essential to us to ensure that we help you keep yours safe, at all times.

Below is a list of some of the main Family Law Services we provide:

Antenuptial Contracts

According to South African Law, the parties who wish to become married out of community of property must enter into an antenuptial contract prior to the marriage ceremony being concluded. If they fail to do so they are automatically married in community of property.

Change of Marital Status

You must apply to the High Court and sign a Notarial Contract to change your marital status. This document serves as a postnuptial agreement and will govern your newly registered matrimonial property system.

Divorce

A divorce action is instituted by the issuing of a summons. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. To start the divorce process you need to serve a Summons. A divorce summons is unique in that it must be served personally on the defendant by the sheriff of the court.

Maintenance – Minor Children & Spousal

A minor child (below the age of 18) is entitled to functional upkeep to provide for his or her clothing, housing, medical care, education, and if applicable, recreation.

Children’s Court

Section 23 of the Children’s Act 33 of 2005 enables any person having an interest in a child/ren to apply to the children’s court for an order for care or contact with the child/ren.

Last Will & Testament

A last will and testament is a legal document that communicates a person’s final wishes pertaining to their assets. It provides specific instructions about what to do with their possessions. It will indicate whether the deceased leaves them to another person, a group, or wishes to donate them to charity.

Administration of Deceased Estates

At death the estate of the deceased person is frozen, and no-one may withdraw funds from the deceased’s bank accounts or deal with any of the estate assets without the necessary permission from the Master of the High Court. If the deceased was married in community of property, the joint estate is frozen.