Family Law
Divorce Matters
Both pre-divorce and post-divorce assistance. In post –divorce matters it might relate to primary residence of the children that need to be changed, access of parents to their children need to be amended etc.
When parties do not agree how a division of joint estate needs to be divided, an application can be made to appoint a liquidator, in other words someone who sees to the division of assets and liabilities when parties cannot agree. Such liquidators can then also see to the transfer of properties ,the payment of all debts from such sale, and the division of movable assets (furniture, cars, etc.)
When doing a divorce where custody of children are in dispute, the Family Advocate’s Office will draft a report after investigating the matter thoroughly, whilst always keeping the best interests of the child as their main objective. The days are gone of the father of children only being allowed to see them every second weekend and half of holidays. In terms of the new Children’s Act, both parents are now holders of responsibilities and right. This effectively means that both parents have equal say regarding their children.
We assist in the following areas of Maintenance:
Maintenance Orders:
Where the parties obtain maintenance in both their personal as well as on behalf of their children’s capacity. The Maintenance Court in your area where the minor children are living in, normally have jurisdiction over the matter and will assist you in laying the claim against the other party
Maintenance Orders in divorce matters:
We can assist you in obtaining maintenance whilst the divorce is still pending. If the maintenance payer ignores the order, we can assist in obtaining a garnishee order at his employer, or attaching a pending pension fund payout
Maintenance
Maintenance against grandparents:
People sometimes are not aware of the fact that grandparents also have a legal duty to maintain their grandchildren, if the parents are unable to financially maintain them
Post-Divorce Maintenance:
When busy with a divorce a spouse may request maintenance for him/herself, it is called spousal maintenance and can be rehabilitative for a set period, or it can be permanently until re-marriage or death.
Amending Maintenance Orders:
People’s lives can change (income) and so can a maintenance order also be amended to suit your current situation better. An Application for Variation of maintenance can be brought to the Maintenance Court if you can show the reason for such an amendment.
Parenting Plans
The Children’s Act provides that parents can enter into written agreements called parenting plans which would document their parental responsibilities and rights after divorce of even for parents that was never married , and the plan will deal specifically with the following issues:
- where and with whom the child is to live;
- the maintenance of the child;
- contact between the child and any other person; and
- the schooling and religious upbringing of the child
When a party decides to get married, it is an emotional roller coaster, but there must be some decisions to be made with prior to the big YES! There is currently three marriage regimes in South Africa and a couple have to decide which regime will work for them the best. We offer clients an informed choice and we explain the different options available to them. Antenuptial agreements only need to be signed before date of marriage for them to be legal.
Antenuptial Agreements
Protection Orders
We don’t want to believe it, but many family law matters involve some degree of domestic violence. We can assist a client in obtaining such a protection order that suits their circumstances at the Magistrate Courts. It can be for a prevention of domestic violence or for damage to joint property or even alienation of the joint property
There is a perception that if you lived together for a certain period, you have an automatic right to your partner’s estate. That is not according to our law, correct. You need to draw up a cohabitation agreement and we can assist you with such an agreement.
Cohabitation Agreements
Surrogacy
There is many people that is struggling with infertility and that is longing for a child/ren. Years ago, the only option was adoption, but today I can say proudly that I specialize in this unique field. I have assisted many couples ( opposite sex as well as same sex couples) to be able to fulfil this dream of being a parent.
A surrogate motherhood agreement is a last resort and not a luxury of choice. Certain conditions are set for such an agreement to be made a legal contract. The most important information the Court might need consists of the reasons why the commissioning parents or the surrogate mother is willing to take such a drastic step.
A Surrogate Motherhood Agreement is however, only valid if it is in writing and it must be entered into in the Republic of South Africa to enjoy the protection of the Act. We provide assistance in the drafting of the Agreement between the commissioning parents and the surrogate, as well as the
- Drafting of all other necessary documentation
- Arrange for screening of both the commissioning as well as the surrogate parent/s
- Instructing counsel for hearing and drafting of court order
