Family Law

Family law is regulated by various laws such as the Constitution of the Republic of South Africa, the Marriage Act 25 of 1961, the Civil Union Act 17 of 2006, the Recognition of Customary Marriages Act 120 of 1998, the Divorce Act 70 of 1979 and the Children’s Act 38 of 2005.

Section 28(2) of the Constitution as well as Section 9 of the Children’s Act specifically states that the best interest of a minor child is of paramount importance in all matters where minor children is involved.  A child must be protected and feel safe and loved during and after the divorce or separation process. In some instances, it might be warranted to involve the Family Advocate or other experts to investigate the best interest of the minor child(ren). In ensuring the children is protected and their best interests are upheld, other aspects, such as financial aspects, must be considered.

Family law also includes situations where the parties are unmarried but lives and creates a life together. Parties might wish to regulate their relationship by agreement (co-habitation agreement), alternatively when the relationship comes to an end, the parties may wish to enter into a separation agreement.

Family law also includes situations where the primary residence and maintenance of a child is in dispute and a party or both, wish to resolve the matter by way of application or agreement. These aspects are all regulated by laws and precedent.