Our December 2023 social media will focus on family law and I thought – let’s have a look at what family law entails, so that when you need to discuss or request assistance, you know what to request or refer to.

Family law in South Africa is a branch of law that deals with legal issues concerning families and domestic relationships.  It covers various aspects such as marriage, divorce, child custody, adoption, maintenance and domestic violence.

If you need information regarding any of these matters, keep a look out on social media, which will address a lot of these matters or contact one of our attorneys to assist.

Marriage and Civil Partnerships:

South African recognizes both civil and religious marriages.  Civil marriages are conducted by a marriage officer at a Home Affairs office or any other designated place.  To enter into a valid marriage, both parties must be at least 18 years old and give free consent without coercion on impediments.  Same-sex marriages are also legally recognized, ensuring equal rights for all couples.

Divorce:

When a marriage breaks down irretrievably, divorce is the legal process that dissolves the marital union.  Divorce in South Africa can be obtained through either an uncontested or contested process.  In an uncontested divorce, both spouses agree on matters such as division of assets, child custody and maintenance.  Contested divorces occur when disagreements arise and the court intervenes to resolve these disputes.

Child Custody and Maintenance:

The best interests of the child are paramount in determining child custody and maintenance matters in South Africa.  Both parents have equal responsibilities and rights towards their children, regardless of their marital status.  If the parents cannot agree on custody, the court will intervene and make a decision based on what is considered to be in the child’s best interests.  Child maintenance refers to the financial support paid by one parent to the other, ensuring the child’s well-being and upbringing.

Adoption:

Adoption is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related.  South Africa has strict adoption laws aimed at safeguarding the rights and welfare of the child.  Prospective adoptive parents must meet certain requirements and obtain consent from relevant parties.  Adoption orders are granted by the High Court and once finalized, the adopted child enjoys the same rights and privileges as a biological child.

Domestic Violence:

Domestic violence is a serious concern in South Africa, and there are legal provisions specifically addressing this issue.  The Domestic Violence Act aims to protect victims from physical, emotional, sexual, or economic abuse within the domestic environment.  It provides for protection orders to be granted by the court, which prohibit the abuser from contacting or approaching the victim.

Family law in South African encompasses a wide range of legal issues pertaining to families and domestic relationships.  It seeks to protect the rights and interests of all individuals involved, particularly children.  While this article offers a concise overview, it is crucial to consult with a legal professional experienced in family law, for personalized advice and guidance.