Best Family Lawyers in Johannesburg

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Lawyers for Human Rights
Johannesburg, South Africa

Founded in 1979
English
Lawyers for Human Rights (LHR) is an independent, non-profit organization established in 1979 by a group of activist lawyers in South Africa. With a commitment to using the law as a positive instrument for change, LHR provides free legal services to vulnerable, marginalized, and indigent...
Maarten Meyer Prokureurs & Mediators
Johannesburg, South Africa

English
Maarten Meyer Prokureurs & Mediators stands as a distinguished law firm in South Africa, offering comprehensive services in various legal domains including family law, real estate law, and mediation. The firm is renowned for its adept handling of complex legal issues, guided by a deep understanding...
Johannesburg, South Africa

Founded in 1908
English
Established in 1908 under the name A.E. Harvey, Harvey Nortje Attorneys is the oldest law firm in Emalahleni (formerly Witbank), Mpumalanga. With over a century of legal practice, the firm has built a solid reputation for delivering comprehensive legal services, including conveyancing, commercial...
Lindiwe Chonco Attorneys
Johannesburg, South Africa

English
Lindiwe Chonco Attorneys, based in Richards Bay, South Africa, is a rapidly expanding boutique law firm renowned for its commitment to excellence and innovative legal solutions. The firm offers a comprehensive range of services, including expertise in unlawful arrest claims, estate management, and...
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....
Dlalisa Attorneys Inc
Johannesburg, South Africa

Founded in 2021
3 people in their team
English
Dlalisa Attorneys Inc is a Ladysmith, KwaZulu-Natal based law firm that represents clients in courts and forums across South Africa. The firm appears regularly before the High Court, Magistrates Courts, Labour Courts and the CCMA, and leverages a trusted network of counsel to support matters beyond...
ME Saidell Attorneys Inc.
Johannesburg, South Africa

Founded in 2019
English
ME Saidell Attorneys Inc., established in June 2019, is a 100% black-owned law firm committed to delivering comprehensive legal services across various fields of law. Founded by Mr. Mzamo Emmanuel Saidell, who holds an LLB degree from the University of Zululand, the firm combines legal expertise...
Johannesburg, South Africa

Founded in 1989
English
Established in 1989, Tate, Nolan & Knight Inc. is a dynamic, medium-sized law firm with offices in Durban North and Pietermaritzburg, South Africa. The firm comprises a team of 12 professionals supported by 27 staff members, all dedicated to delivering specialized legal services across...
Marule Attorneys
Johannesburg, South Africa

English
Marule Attorneys is a 100 percent Black owned law firm based in Nelspruit, Mpumalanga, South Africa. Founded by Irvine Marule, who serves as Managing Director, the firm delivers simplified, detailed and effective legal services to individuals, businesses and public entities. Its team handles a...
Johannesburg, South Africa

Founded in 2015
English
J. Jacobs and Associates, formerly known as Jacobs Attorneys, is a dynamic law firm situated in Mbombela, Mpumalanga. Established in 2015 by Jonathan Jacobs, the firm has built a solid reputation for delivering personalized legal services across various practice areas, including family law, credit...
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South Africa Family Legal Questions answered by Lawyers

Browse our 6 legal questions about Family in South Africa and the lawyer answers, or ask your own questions for free.

Legal Gaurdianship Appointment
Family Child Custody
I have a child who's been living with me for 3 months now. Social services have been at the child's house after school, reported/ logged a Form 22/23. Parents are struggling to take care of her and have agreed to appoint us as guardians for her. What do we need... Read more →
Lawyer answer by GAVEL & GREY LEGAL PRACTITIONERS

You will need the court approval on the legal guardianship.

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1 answer
What can I do to get my divorce settlement
Divorce & Separation Family
I got divorced last November, but I haven't received my settlement. It's a story from one to another, so what must I do to get my settlement
Lawyer answer by MAH&CO.

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...

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1 answer
Can I have at least some time with my child?
Child Visitation Family
My girlfriend and I ended things up having an argument and her family got into our issue and told me I had paid anything for my child and they started fighting me and telling me I don't have a child there. When we tried to contact them and tell them... Read more →
Lawyer answer by RP Attorneys

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....

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1 answer

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.