The members of the Family Law Department focus on all aspects of law relevant to the enforcement and protection of individual’s rights in personal relationships.
The professional and support staff in the Department recognise the very personal and sensitive nature of Family Law and are committed to providing an efficient, effective and comprehensive service to our clients.
Due to the vast range of issues that impact upon Family Law practice, we have built a network of skilled professionals – including mental health practitioners, forensic accountants, financial advisors, actuaries and valuers – with whom we consult, where relevant, to enable us to tackle problems holistically on the basis of sound advice.
Family Law is a very dynamic area of practice. During the past 10 years notable changes to legislation and common law relevant to family law have occurred. This has impacted on the rights of children, parents and partners in marriage and other relationships. The legislation has included the development of law relevant to fathers of children born out of wedlock, adoption, maintenance, the recognition of customary marriages, the recognition of certain rights in respect of spouses in religious unions of same-sex relationships, including in relation to pension and medical aid benefits and the adoption of children, and issues pertaining to domestic violence and guardianship.
In addition, the South African Law Commission is investigating the development of the law relating to child care and the rights of children, pension sharing, the recognition of rights of co-habitees in domestic partnerships, the recognition of religious marriages and the recognition of same-sex marriages.
Wherever possible the members of the Family Law Department participate and contribute to the development of relevant law by participating in Law Society Committees, conferences and other fora where developments relevant to Family Law are debated or where commentary on proposed developments is formulated.
OUR SERVICES INCLUDE THE FULL SPECTRUM OF THIS PRATICE AREA, INCLUDING:
- Divorce law and interim relief
- Custody of and access to children
- Guardianship
- Maintenance/the duty of support
- Reciprocal enforcement of foreign maintenance orders
- Cohabitation agreements and resolution of disputes resulting from co-habitation of same-sex couples
- Rights of same-sex couples and related matters
- Domestic violence
- Children’s rights, including adoption and Children’s Court matters
- Paternity disputes
- Matrimonial property law, including antenuptial contracts and changes in matrimonial property regimes
- The Hague Convention on Civil Aspects of International Child Abduction. We are members of Reunite, a United Kingdom charity specialising in issues pertaining to international parental child abduction
- Enforcement of orders relating to family law matters
- The rights of natural fathers of children born out of wedlock
- Mediation in Family Law disputes
- Reception orders
- Relocation and child mobility
- Appointment of curators
We recognise the financial and emotional costs incurred in litigating regarding Family Law related disputes and the repercussions for the extended family of the relationships that are damaged, possibly for all time, as a result of the litigation. With this in mind, our approach in managing disputes is to attempt to negotiate and support an amicable resolution of disputes between parties. We advocate and have skills and expertise in mediation of disputes. |