Best Family Lawyers in Johannesburg

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Dube Attorneys Inc
Johannesburg, South Africa

English
Dube Attorneys Inc., based in Mbombela, Mpumalanga, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's practice areas encompass criminal litigation, commercial litigation, civil litigation, labour law, administration of deceased estates,...
CEBO MATHENJWA INCORPORATED
Johannesburg, South Africa

Founded in 2021
English
Established in 2021, CEBO MATHENJWA INCORPORATED is a South African law firm dedicated to delivering professional and innovative legal solutions to a diverse clientele, including individuals, businesses, government departments, municipalities, and parastatals. The firm's mission emphasizes...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
A & R ATTORNEYS
Johannesburg, South Africa

English
A & R Attorneys, based in Somerset East and Kirkwood, South Africa, offers a comprehensive range of legal services with a particular emphasis on property law. Their experienced conveyancing team is recognized for its proficiency, serving on the attorney panels of three of the four major South...
Bregman Moodley Attorneys
Johannesburg, South Africa

Founded in 1974
5 people in their team
English
We have taken the sting out of legal problems since 1974.Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the death of a spouse, suffering personal injury or illness, or going to court to litigate a dispute.Clients fear uncertainty....
Mukwani Attorneys
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
Macgregor Erasmus Attorneys
Johannesburg, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
Kgomo Attorneys Inc
Johannesburg, South Africa

English
Kgomo Attorneys Inc, located in Mahikeng, North West Province, offers a comprehensive range of legal services to both individuals and businesses. The firm's practice areas include civil litigation, matrimonial and divorce disputes, urgent applications, insolvency proceedings, and general commercial...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON - NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
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South Africa Family Legal Questions answered by Lawyers

Browse our 8 legal questions about Family in South Africa and the lawyer answers, or ask your own questions for free.

Legal Gaurdianship Appointment
Family
Child Custody
You will need the court approval on the legal guardianship.kindly contact us via: 07026624801 (call)[email protected] 
What can I do to get my divorce settlement
Divorce & Separation
Family
Hello,I'm sorry to hear about your situation. If your divorce was finalized last November and you still haven’t received your settlement, it’s important to take legal steps without further delay. In most cases, the court's judgment or settlement agreement outlines a clear timeline for payment. If the other party is not complying, you may file an execution petition in the relevant family court to enforce the settlement.
Can I have at least some time with my child?
Child Visitation
Family
If you are the biological parent of a child (but not limited to only a biological parent), the Children’s Act makes provision for child visitation and rights to care for a child.Maintenance and visitation are completely separate in SA.I suggest you obtain the services of an attorney.

About Family Law in Johannesburg, South Africa

Family law in Johannesburg, South Africa, encompasses various legal issues related to familial and domestic relationships. This branch of law deals with matters like marriage, divorce, child custody, adoption, and the protection of children's rights. Johannesburg, being a bustling metropolitan area, faces unique challenges in family law due to its diverse population and socio-economic dynamics. The family court system is designed to address these challenges, providing judicial clarity and support to residents navigating familial legal concerns.

Why You May Need a Lawyer

There are several situations in which you might require legal assistance from a family lawyer in Johannesburg. These include:

  • Divorce Proceedings: Ensuring a fair and just division of assets, spousal support, and child custody arrangements.
  • Child Custody and Support: Navigating disputes related to the custody and financial support of children.
  • Domestic Violence: Seeking protection orders and legal remedies for abusive situations.
  • Adoption: Legal procedures to formalize the adoption of a child.
  • Marriage Contracts: Drafting or disputing prenuptial and postnuptial agreements.
  • Parental Rights: Establishing or contesting paternity and visitation rights.
  • Guardianship Issues: Handling the care of minors or incapacitated adults.

Local Laws Overview

Family law in Johannesburg is governed by several important statutes, regulations, and case law interpretations. Key aspects include:

  • Marriage in South Africa is governed by the Marriage Act and the Civil Union Act, allowing for traditional, civil, and same-sex marriages.
  • The Divorce Act regulates the procedures for dissolving a marriage, allowing for divorce on grounds of irretrievable breakdown or mental illness.
  • Child custody and support laws emphasize the "best interests of the child" principle, ensuring the child's welfare is paramount in legal decisions.
  • The Children’s Act provides comprehensive guidelines on the protection of children's rights, adoption processes, and parental responsibilities and rights.
  • Domestic violence is addressed under the Domestic Violence Act, offering protective measures for victims, including restraining orders.

Frequently Asked Questions

What is the first step to take if I want a divorce in Johannesburg?

The first step is to consult with a family lawyer who can guide you through the process, which typically begins with filing a divorce summons in the appropriate court.

How is child custody determined in South Africa?

Custody is determined based on the best interests of the child, considering factors like the child’s age, emotional ties, parental capabilities, and any history of abuse.

Can I represent myself in family court?

While self-representation is possible, it is often beneficial to have an experienced lawyer due to the complexities of family law and courtroom procedures.

How long does the divorce process take in Johannesburg?

The duration varies; uncontested divorces can be finalized quickly, while contested divorces may take several months or longer, depending on the complexity of the case.

What are the grounds for divorce in South Africa?

The main ground is the irretrievable breakdown of the marriage, but mental illness and continuous unconsciousness are also valid grounds.

What should I do if I am a victim of domestic violence?

Seek immediate legal assistance to obtain a protection order and consider contacting local law enforcement and support services for help and safety planning.

How are assets divided during a divorce?

Assets are divided based on the marital property regime (community of property, antenuptial contract, etc.) agreed upon at marriage, subject to judicial discretion.

Can grandparents apply for custody or visitation rights?

Yes, grandparents can apply to the court for custody or visitation, especially if it serves the best interests of the child.

What legal steps must be taken for adoption?

Prospective parents must apply through a registered adoption agency or social worker, who will facilitate the legal process, including background checks and home assessments.

Is mediation required before going to court for family disputes?

Mediation is encouraged as a cost-effective and amicable way to resolve disputes, though not strictly required before initiating court proceedings.

Additional Resources

The following resources can provide valuable assistance and information regarding family law matters in Johannesburg:

  • Law Society of South Africa: Offers referrals to qualified family lawyers.
  • Department of Justice and Constitutional Development: Provides information on family law legislation and courtroom procedures.
  • Legal Aid South Africa: Provides legal assistance to those who cannot afford private lawyers.
  • Family and Child Protection Unit (SAPS): Offers protection and assistance in cases of domestic violence and child abuse.
  • Child Welfare South Africa: Supports issues related to child protection and care.

Next Steps

If you find yourself in need of legal assistance for a family matter, consider taking the following steps:

  • Consult with a family lawyer to understand your legal position and options.
  • Gather relevant documents and evidence that may support your case.
  • Consider mediation as a first step to resolving disputes amicably.
  • Reach out to support services and specialized organizations for assistance and resources.
  • Prepare for court proceedings if mediation does not resolve the issue.

Taking these steps will help equip you to navigate the complexities of family law in Johannesburg with greater confidence and clarity.

Lawzana helps you find the best lawyers and law firms in Johannesburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Family, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Johannesburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.