Family law is the law that is applicable on all family relationships, law applicable on marriages, divorces, maintenance matters, custody of children as well as protection orders in cases of domestic violence are all included.

SERVICES WE PROVIDE:

1. Divorces

There are mainly two types of divorces:

1.1 Undefended Divorces:

  • The parties reach settlement before summons is issued either with or without the help of an attorney.
  • Settlement concerning the most important aspects is reached, for example on maintenance payable by one party to the other, or to children, custody of children and the distribution of assets. It is then put down in writing.
  • The settlement agreement is annexed to the summons when the summons is issued by the Plaintiff and served on the Defendant.   .
  • When the divorce decree is given the settlement is also made an order of court.
  • This type of divorce is much more time and cost effective than the other stated in 1.2

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1.2 Defended Divorces:

  • In this instance the parties are not willing to or are unable to reach settlement due to conflict.
  • The summons is served by the Plaintiff and defended by the Defendant, where after normal court proceedings are followed.
  • Reaching settlement with the other party will still be a goal in order to make the process less time and cost consuming.
  • We guarantee our assistance in matters where an investigation has to be done by a Family advocate.

2. Maintenance Matters

There are three types of maintenance matters, being aurar maintenance matters, increasing maintenance and decreasing maintenance. We guarantee our assistance in all three matters in the Maintenance court. (bringing as well as defending the applications)

2.1 Aurar Maintenance

2.1.1

A Warrant is issued against the person who is not paying or not
paying sufficient maintenance. The person’s assets will be
attached, removed and sold. The money will then be used as
maintenance.

2.1.2

In the alternative an emolument attachment order is obtained against such
person in which case an amount for maintenance will be deducted from
that person’s monthly salary. (garnishee order).

2.2 Increasing Maintenance

If the party receiving maintenance has a need for more maintenance an application is brought to the Maintenance court. The presiding officer will listen to oral evidence and make a decision on a new amount.

2.3 Decreasing Maintenance

If the party paying maintenance feels that the amount paid monthly is too high or that paying maintenance has become unnecessary an application to decrease such amount or to stop the payment of maintenance totally, is brought to the Maintenance court. The presiding officer will listen to oral evidence and make a decision on a new amount.    

3. Custody and control over children

During divorce proceedings or settlement negotiations one of the parties is granted custody and control over the children.

It is possible that the other party can later be of the opinion that it is in the best interest of the children that the custody and control over the children should be taken away from the party to whom it was originally granted. This opinion is usually based on, incompetence, violence or substance abuse on the side of the party whom originally had custody and control.

When this is the case an application is brought the Maintenance – or High court in order to have custody and control granted to party other than the original party.

We guaranty our assistance in bringing and defending such an application.

4. Domestic violence interdicts / protection orders

It is common that during divorce proceedings, but nor necessarily, that one of the parties causes harm to the other party or to their children either emotionally or physically by threats or deeds. In such a case a protection order is obtained against the violent party.

  • Such a protection order is two legged :
  • Firstly an interim protection order is obtained with a one year return date.
  • If the party who obtained the protection order wants the interim order to be made final a Magistrate will listen to oral evidence and read the affidavits completed by the parties where after he/she will make a decision.  
  • The party against whom the protection order was granted is free to apply for the rescission of such an order.

                                                           
We guaranty our assistance in bringing and defending such applications.

FEES

  • The first consultation of 30min is free!
  • There after a deposit of at least R 5 000-00 is required.
  • The deposit will be used for the services provided by us, when the deposit is exhausted we will request a further deposit.
  • If we foresee more expenses due to sheriff and advocate’s fees we will require a higher deposit.
  • If we have no money in trust we will not provide any services.

Please See Attached form before your Consultation

Downloads:

BRING THE FOLLOWING WITH YOU TO THE FIRST CONSULTATION

1.         The completed information sheet provided.

2.         Your id book.

3.         Antenuptial contract (where applicable).

4.         Documents with reference to the parties’ assets.

5.         Children’ birth certificates.

Only if it is a maintenance matter:

1.         Copy of settlement.

2.         Divorce decree.

3.         Bank statements proving that maintenance was not received.

4.         Copy(s) of child(ren)’s birth certificate(s).

5.         Copy of your id.

 

 Information Sheet