Practice Area

Divorce &
Family Law

I handle all aspects of divorce and family law, from contested and unopposed divorce proceedings to child custody, maintenance, asset division, antenuptial contracts, and domestic violence. For in-depth information on divorce and family law matters, I also maintain a dedicated specialist website.

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Phone
087 702 2213
Email
legal@attorneyscapetown.co.za
Specialist Site
divorcelawcapetown.co.za
Practice
Contested & Unopposed Divorce
Child Custody & Maintenance
Asset Division
Antenuptial Contracts

Overview

Experienced family law advice
through a difficult time

Divorce and family law matters are among the most personally significant legal proceedings anyone can face. The decisions made during a divorce, particularly those relating to children and financial arrangements, have long-term consequences for everyone involved. Sound legal advice, delivered with sensitivity and clarity, is essential.

I have extensive experience in all aspects of divorce and family law. I handle both contested and unopposed divorces, advise on interim relief under Rule 43, represent clients in child custody disputes, and draft and negotiate settlement agreements and consent papers.

For clients seeking detailed information on divorce and family law matters, I maintain a dedicated specialist website at divorcelawcapetown.co.za, which covers all aspects of South African divorce law in depth.

15+
Years of family law experience
86+
Family law articles published
DLC
Dedicated specialist divorce site
WC
Western Cape High Court family law

What I Handle

Divorce & family law services

Contested Divorce
Where parties cannot agree on the terms of their divorce, I represent clients in contested proceedings in the High Court and Regional Court. Contested matters may involve disputes about asset division, maintenance, child custody, or all three. I provide realistic advice on prospects and work to achieve the best outcome efficiently.
Unopposed Divorce
Where parties have reached agreement on all issues, an unopposed divorce can be concluded far more quickly and cost-effectively than a contested matter. I assist clients in negotiating and drafting the consent paper and settlement agreement, and conduct the unopposed divorce proceedings.
Child Custody & Guardianship
Disputes about the primary residence of children, contact arrangements, guardianship, and relocation. I advise on the best interests of the child standard and represent clients in custody matters, including urgent applications where a child's welfare is at immediate risk.
Maintenance
Spousal maintenance and child maintenance claims, including interim maintenance applications under Rule 43. I advise on the factors the court considers in determining maintenance, assist in preparing the necessary financial disclosures, and represent clients in maintenance proceedings.
Asset Division
Division of assets on divorce, including forfeiture of patrimonial benefits, redistribution orders, accrual claims, and the treatment of trusts in divorce proceedings. I advise on the applicable matrimonial property regime and the options available for achieving a fair division of the marital estate.
Antenuptial Contracts
Drafting and registration of antenuptial contracts before marriage. An ANC determines the matrimonial property regime that will apply to the marriage and is an important planning tool. I advise couples on the options available and draft the agreement to meet their specific needs and circumstances.
Father's Rights
Advice and representation for unmarried and divorced fathers on parental rights and responsibilities under the Children's Act, including recognition of paternity, contact rights, guardianship, and challenges to relocation. South African law recognises equal parental rights and I advise fathers on how to assert and protect those rights.
Domestic Violence
Applications for protection orders under the Domestic Violence Act 116 of 1998, including urgent interim protection orders. I also advise respondents facing protection order applications. Domestic violence matters require prompt, sensitive handling and I provide the support and legal representation clients need in these difficult circumstances.

Dedicated Specialist Resource

In-depth divorce law information
at divorcelawcapetown.co.za

For comprehensive information on all aspects of South African divorce law, including detailed articles on contested and unopposed divorce, child custody, maintenance, asset division, father's rights, and domestic violence, visit my dedicated specialist divorce law website.

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Common Questions

Divorce & family law explained

What are the grounds for divorce in South Africa?
The main ground for divorce in South Africa is the irretrievable breakdown of the marriage. A court may accept irretrievable breakdown where the parties have not lived together for a continuous period of at least one year, where there is adultery or habitual criminality, or where the parties have simply grown apart and there is no reasonable prospect of reconciliation.
What is an antenuptial contract?
An antenuptial contract (ANC) is an agreement entered into before marriage that determines the matrimonial property regime that will apply to the marriage. Without an ANC, spouses are automatically married in community of property. An ANC can provide for marriage out of community of property, with or without the accrual system.
What is the difference between an opposed and unopposed divorce?
An unopposed divorce is one in which the parties have reached agreement on all issues, including the division of assets, maintenance, and arrangements for minor children. An opposed divorce is one in which the parties cannot agree on one or more issues and the court must adjudicate. Unopposed divorces are significantly quicker and less costly than opposed proceedings.
How is child custody determined in South Africa?
Child custody in South Africa is determined according to the best interests of the child, as required by the Children's Act 38 of 2005. The court considers factors including the child's age, the relationship between the child and each parent, the ability of each parent to meet the child's needs, and the child's own wishes where appropriate. The Family Advocate is appointed to investigate and make recommendations.
What is interim maintenance under Rule 43?
Rule 43 of the Uniform Rules of Court allows a spouse to apply for interim maintenance, a contribution towards legal costs, and interim contact with minor children while divorce proceedings are pending. Rule 43 applications are heard on affidavit and are designed to provide urgent interim relief pending the finalisation of the divorce.

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