LEADING FAMILY LAWYERS IN CAPE TOWN AND JOHANNESBURG
– Fast, reliable assistance in the family courts –
WHAT IS FAMILY LAW?
Family law refers to the rules and regulations that govern family relationships, including marriage, divorce, child custody, and maintenance. In South Africa, these laws are governed by the Children’s Act 38 of 2005, the Maintenance Act 99 of 1998, and the Matrimonial Property Act 88 of 1984, among others. Family law also deals with issues related to domestic violence and the protection of children. The courts are responsible for enforcing these laws and resolving disputes related to family law. Some of the fundamental laws that govern family law and relationships in South Africa include:
An antenuptial contract arranges a property system between spouses. It is concluded between two unmarried persons prior to their intended marriage. Should the parties fail to marry one another, the antenuptial contract will not take effect. An antenuptial contract is executed by a notary, and it is registered in the Deeds Office.
Divorce is an unfortunate reality for many spouses, and it brings an end to a particular way of life. Careful consideration should be paid before starting divorce proceedings, and ideally, some planning should happen to provide for temporary arrangements while proceedings are underway, as well as for the new life after the divorce.
Child maintenance is typically awarded to a parent with primary physical custody of a child. The parent who does not have primary physical custody, typically the non-custodial parent, is responsible for paying child maintenance to the custodial parent. Both parents have a legal responsibility to support their child financially, and the amount of child maintenance is determined by the court based on the needs of the child and the financial means of both parents.
Spousal support, also known as maintenance, can be claimed by a spouse in certain circumstances. These include situations where one spouse is financially dependent on the other or where there is a significant disparity in income between the spouses. A spouse does not have a right to spousal support, but the Divorce Act 70 of 1979 gives the court the discretion to award spousal support, depending on the spouses’ circumstances.
