Best Marriage Lawyers in Durban

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Goodway & Buck Attorneys
Durban, South Africa

English
Goodway & Buck Attorneys, based in Durban, South Africa, offers a comprehensive range of legal services, including Road Accident Fund (RAF) claims, personal injury cases, commercial law, and family law matters. The firm is particularly noted for its expertise in assisting refugees and South African...
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Sthembiso Mbhele & Associates
Durban, South Africa

Founded in 2003
English
Sthembiso Mbhele & Associates, established in 2003 by Sthembiso Ishmael Mbhele, is a dynamic law firm committed to delivering professional and comprehensive legal services at affordable rates. The firm offers a full spectrum of corporate and commercial law services, including transactional and...
Strauss Daly
Durban, South Africa

Founded in 1984
English
Strauss Daly, established in 1984, has evolved into a prominent South African law firm with a national presence, comprising nine offices and a team of 65 lawyers. The firm offers a comprehensive range of legal services, including property law and conveyancing, commercial litigation, banking law and...
MAHOMED SALEK ATTORNEYS
Durban, South Africa

English
Mahomed Salek Attorneys, based in Durban, South Africa, is a dynamic and adaptable law firm dedicated to providing prompt and dependable legal advice and representation. The firm offers a comprehensive range of services tailored to meet the diverse needs of both corporate clients and individuals,...
THORPE & HANDS INCORPORATED
Durban, South Africa

English
Established in 1936, Thorpe & Hands Incorporated is a distinguished law firm based in Durban, South Africa, renowned for its comprehensive legal services and longstanding commitment to client satisfaction. The firm specializes in property law, litigation, wills, trusts and estates, labour law, and...
LC Mkhize Attorneys
Durban, South Africa

English
LC Mkhize Attorneys, based in Durban, KwaZulu-Natal, offers specialized legal services in defending clients against bank summonses and handling divorce proceedings. The firm focuses on foreclosure defense, negotiating with banks on behalf of clients, and managing court procedures related to Section...

Founded in 1989
English
McKenzie Dixon Attorneys, Conveyancers & Notaries, established in 1989, is a distinguished law firm based in Sherwood, Durban. With over three decades of experience, the firm has built a solid reputation for delivering professional and efficient legal services across various fields, including...
M Jozana Attorneys
Durban, South Africa

English
M Jozana Attorneys Inc., located in Durban, South Africa, is a distinguished litigation law firm offering comprehensive legal services across multiple practice areas. The firm's expertise encompasses Criminal Law, Family Law, Commercial Law, Labour Litigation, Road Accident Fund (RAF) claims,...
Zungu Incorporated
Durban, South Africa

Founded in 2014
English
Zungu Incorporated is a boutique law firm with over a decade of experience serving individuals, associations, trusts, corporate clients, and government departments across South Africa. With offices strategically located in Johannesburg and Durban, the firm offers a comprehensive range of legal...
John Hudson & Company Attorneys
Durban, South Africa

Founded in 1952
50 people in their team
English
Afrikaans
The firm was established by John Charles Stewart Hudson in 1952 in the Durban CBD and has continued to practise in the Durban area ever since.  ​​We pride ourselves in being accessible to our clients and have supported families and business (both large and small) for over six decades....
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About Marriage Law in Durban, South Africa

In Durban, as with the rest of South Africa, marriage is governed by the national Marriage Act 1961. This act regulates marriages of both opposite sex and same sex couples, monogamous relationships, and various customary marriages. Some specific provisions of the act include: the minimum age requirement of 18 years for marriage; the requirement that marriage must be officiated by a licensed marriage officer; and the stipulation that a marriage can be declared null and void if not consummated.

Why You May Need a Lawyer

Specific legal advice may be necessary when drawing up nuptial contracts, obtaining legal rights for traditional or religious marriages, divorce proceedings, and settlements. A lawyer can also provide assistance if there are property disputes, disagreements over custody of children, or issues with maintenance payments after divorce. Additionally, if you plan to marry in Durban but live abroad, the services of a lawyer can be very helpful to navigate the marriage registration process.

Local Laws Overview

Under South African law, a marriage can be conducted either in community of property or out of community of property. The first describes a scenario where all assets and liabilities are shared equally between spouses, while the latter can only be effected through a formal ante-nuptial contract stipulating the separation of assets. Also, polygamous marriages can be legally recognized if they are conducted under customary law. Furthermore, same-sex marriages have been recognized and legal since the implementation of the Civil Union Act of 2006.

Frequently Asked Questions

What happens to property in a divorce?

According to South African law, if you're married in community of property, all assets and debts are divided equally upon divorce. If you're married out of community of property, each party keeps what is theirs, unless the ante-nuptial contract states otherwise.

Do you need a lawyer to get married?

No, you don’t need a lawyer to get married. However, a lawyer can guide you through various legal aspects such as ante-nuptial contracts, marriage registration if you live abroad, or understanding the legal implications of your marriage type.

Are traditional marriages recognized in Durban?

Yes, traditional or customary marriages are recognized and protected under the Recognition of Customary Marriages Act, so long as they fit the criteria outlined in the Act.

Can foreigners marry in Durban?

Yes, foreigners can marry in Durban. However, there may be additional paperwork to be completed and they might need legal assistance to navigate the process efficiently.

Are same-sex marriages legal in Durban?

Yes, same-sex marriages have been legal and recognized in Durban, and all of South Africa, since the Civil Union Act of 2006.

Additional Resources

Department of Home Affairs has comprehensive resources on marriage registration. The Family Law Clinic offers free advice on matters related to family law, including marriage. Alternatively, The Law Society of South Africa provides a list of legal professionals who can assist with marriage-related advice.

Next Steps

If you require legal assistance on any issue relating to marriage in Durban, the first step is to contact a reputable lawyer who specializes in family law. It might be beneficial to compile all relevant documents and information pertaining to your situation to expedite the process. Always remember that early intervention can often lead to more efficient resolution of disputes.

Lawzana helps you find the best lawyers and law firms in Durban 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 Marriage, 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 Durban, 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.