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Durban, South Africa Attorneys in related practice areas.
Browse our 2 legal questions about Family in South Africa and the lawyer answers, or ask your own questions for free.
The sphere of Family law in Durban, as with the rest of South Africa, predominantly revolves around issues such as marriage contracts, divorce, child custody, maintenance, adoption, domestic violence, and the rights of children and unmarried partners. The South African family law is a combination of several branches of law, Fine-tuned to protect the rights of each family member. The Family Courts in Durban play an integral role in ensuring justice and the fair treatment of all parties involved in family disputes.
Individuals may require the assistance of a family law attorney in several instances. This may include preparing for a marriage and considering a prenuptial or antenuptial contract, experiencing difficulties in a marriage and considering divorce or separation, or disputes related to child custody or maintenance. Individuals may also require assistance with protection orders in the case of domestic violence or with legal procedures in case of adoption.
The South African Family Law encompasses the Marriage Act 1961, the Divorce Act 1979, and the Maintenance Act 1998 among others. These laws handle issues such as monogamous and polygamous marriages, divorce proceedings, property division, and financial support. Notably, the Children's Act of 2005 is key in safeguarding children's rights and setting out principles related to care and contact of children. The Domestic Violence Act of 1998 provides protective measures for victims of domestic violence.
1. What are the grounds for divorce in South Africa?
The grounds for divorce in South Africa include irretrievable breakdown of marriage, mental illness, or continuous unconsciousness.
2. How is child custody determined?
Child custody is determined based on the best interests of the child principle, set out in the Children's Act of 2005.
3. Who pays for child support, and until when?
Both parents are liable for child support, irrespective of who has custody. Support should continue until the child becomes self-supporting.
4. Can I get a protection order against a family member?
Yes, the Domestic Violence Act of 1998 allows for protection orders against a family member who is perpetrating domestic violence.
5. How does the law handle unmarried partners?
Unmarried partners have certain rights under common law and various other laws depending on the circumstances.
The Department of Justice and Constitutional Development provides various resources and services related to family law. The Legal Aid South Africa also offers legal assistance to those who cannot afford it. Additionally, the Commission for Gender Equality advocates for the gender-related aspects of Family Law.
If you need legal assistance in Family Law, it is advisable to consult a qualified attorney who specializes in this field. Consider getting referrals, researching the attorney's background, and ensuring their knowledge and experience aligns with your needs. Remember, it is important to communicate openly with your attorney about your expectations and concerns.
