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Johannesburg, 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.
Family Law in Johannesburg, just like in the rest of South Africa, centers around regulations and legalities involving family dynamics and related affairs. This includes matters of divorce, child custody, adoption, maintenance, domestic violence, and marital property. The South African law emphasizes upholding the rights of the child and equality within marital relationships. All these matters are usually resolved in the Family Court, though some complex cases may go to the High Court.
Securing help from a lawyer experienced in family law can be crucial in several situations. If you are going through a divorce, you will need a lawyer to negotiate fair terms of separation including distribution of assets, spousal or child support. In case of disputes over custody or visitation rights of children, a lawyer can ensure your rights are upheld. Similarly, if you are considering adoption or need protection from domestic violence, consulting a family lawyer can provide much-needed legal advice and representation.
Family law in Johannesburg reflects the Constitution of South Africa, which emphasizes equality, human dignity, and the advancement of human rights. Marriage is recognized in various forms including civil, customary and same-sex marriages. The Children’s Act protects the rights of a child and prioritizes their best interests in all legal matters. It also lays down rules for guardianship, custody, and access rights. The Maintenance Act ensures that duty bearers meet their obligation towards providing basic necessities for dependents.
1. What are the grounds for divorce in Johannesburg? Irretrievable breakdown of the marriage and mental illness or continuous unconsciousness of one party are grounds for divorce. 2. How is child custody decided? Child custody is decided based on the best interests of the child. Factors like the parents' living situation, the child's relationship with parents, and the child's safety are considered. 3. Can I get a protection order against domestic violence? Yes, you can apply for a protection order under the Domestic Violence Act in any Magistrate Court. 4. How are assets divided in a divorce? In Johannesburg, the division of assets depends on the type of marriage contract. In absence of a contract, it is usually a 50/50 split. 5. How is spousal maintenance decided? Spousal maintenance is determined based on the financial needs of the claimant and the ability of the other spouse to pay.
You could check out the websites of South Africa Department of Justice and Constitutional Development and the Law Society of South Africa, for comprehensive information on Family laws, legal procedures, and access to legal aid in Johannesburg.
If you are in need of legal assistance, you should consult with a family lawyer or law firm who specialises in family law. They will understand your specific situation, explain your legal rights and obligations, and provide you with a strategy moving forward. Many offer a free initial consultation. Don’t hesitate to research and reach out to professionals for guidance.
