Family Law - Divorce and Matrimonial

It is an unfortunate fact of life that not all marriages are successful. When a relationship breaks down, it often follows a period of stress for both parties and naturally the separation itself will cause further stress and anxiety. A number of important decisions need to be made and advice at an early stage is crucial. Each case will have its own particular facts and circumstances and a wide ranging number of considerations need to be taken into account. Financial issues, the welfare of the children, and in some cases, the protection of one spouse from violence by the other will require urgent attention. Day-to-day matters need to be decided, for example, who is to remain in the matrimonial home, where children are to live and arrangements need to be made for the continuing maintenance of the children and sometimes one of the spouses. Division of the parties' capital assets need to be determined including major assets such as the matrimonial home and division of pension rights. Each case will differ slightly and many factors have to be taken into account in deciding how questions of custody, maintenance and property are to be determined. In many cases, these issues are resolved by means of a formal written Minute of Agreement between the parties without having to resort to Court action.

We can also advise you on family protection, domestic violence, interdicts, adoption, safeguarding and childcare proceedings.

Many clients wishing to take proceedings in matrimonial or child cases will be eligible for Legal Aid and assistance can be given by us in completing the necessary forms of application.

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