Family Law

What is Family Law

Family law in South Africa governs legal relationships between individuals in familial contexts, covering matters like marriage, divorce, parental responsibilities, child welfare, and domestic partnerships. It is shaped by a mix of statutory law, common law, and constitutional principles, with key legislation including:

  • Divorce Act (1979) – Regulates divorce, spousal maintenance, and asset division.
  • Children’s Act (2005) – Focuses on child custody, guardianship, and adoption.
  • Marriage Act (1961) & Civil Union Act (2006) – Govern formal unions .
  • Domestic Violence Act (1998) – Addresses protection orders against abuse.

MARIAGE & dIVORCES

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Marital Contracts

If you and your partner are considering marriage, it is highly recommended that you and your partner explore the legal options available to ensure you make informed and appropriate decisions. We recognize the sensitive nature of discussing contractual agreements, whether before or after marriage, and are here to provide expert guidance to navigate these complexities with clarity and care.

We can clearly outline and explain the key areas that require attention, guiding you to address them efficiently and effectively. Amongst other things, we’ll assist in drafting binding agreements that ensure your interests are protected, no matter what the future holds.

Divorce

Despite your best efforts to reconcile, there may come a time when the breakdown of your relationship becomes irreparable, leading you or your partner to consider divorce.

This process can be emotionally and legally complex, often presenting challenges that are difficult to navigate alone. The emotional toll of separation can make an already difficult situation even more overwhelming. At Dumalisile V Attorneys, we understand the gravity of this decision and are committed to providing compassionate support, clear legal guidance, and a structured approach to help you move forward with dignity and peace.

What To Consider In Divorce Agreements

Divorce agreements provide a structured framework for spouses to end the marriage amicably and move forward into fulfilling new chapters of their lives. These agreements outline key terms based on factors such as the type of marriage and any pre-existing ante-nuptial contracts, and address critical aspects of the divorce settlement, including:

  1. Maintenance payments for a spouse or children
  2. Custody, guardianship and access arrangements for children
  3. Division of assets, including the marital home
  4. Allocation of medical aid, retirement plans and other relevant matters

Additionally, the agreement can address specific concerns important to the couple, such as the division or management of a shared business. By clearly defining how shared aspects of their lives will be handled moving forward, divorce agreements help couples transition with clarity and mutual understanding.

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Domestic Violence & Protection

Domestic violence is a serious issue addressed under the Domestic Violence Act (No. 116 of 1998) in South Africa. This law provides robust legal mechanisms to protect victims—including spouses, partners, children, and other household members—from abuse.

What Constitutes Domestic Violence

The Domestic Violence Act defines domestic violence broadly, covering physical, emotional, economic, and sexual abuse within domestic relationships. It includes:

  • Physical abuse (assault, harm, or threats of violence).
  • Emotional/psychological abuse (intimidation, harassment, stalking).
  • Sexual abuse (rape, indecent assault, forced sexual acts).
  • Economic abuse (withholding financial support, controlling finances).
  • Damage to property (destroying belongings to intimidate).
  • Cyber harassment (threats via messages, social media, or emails).

Who is protected?

  • Spouses (married or divorced).
  • Dating partners (including same-sex relationships).
  • Family members (parents, children, siblings).
  • Cohabitants (people living together, even if not romantically involved).
Legal Protection Available

Under South Africa’s Domestic Violence Act (1998), victims can obtain protection orders from magistrates’ courts at no cost, including emergency interim orders and permanent restrictions against abusers. These court orders may prohibit contact, remove abusers from shared homes, or require firearm surrender. Police must arrest violators, and victims can pursue additional criminal charges. We by preparing protection order applications, ensuring police compliance, filing criminal cases, and handling related family law matters like divorce or child custody, providing comprehensive legal support to safeguard victims.

 

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