Divorce and Family Law

 

 

Yes!!!! On 30 November 2006, South Africa made world headlines when it became the fifth country in the world (and the first in Africa) to legalise marriage between two people of the same sex under the Civil Union Act.
The Civil Union Act is the law that now provides for legal recognition of marriages and civil partnerships, collectively referred to as civil unions, between two persons regardless of their sexual orientation or gender identity.
 

Yes, it is possible to change your marital regime through a process known as a postnuptial agreement. However, this requires the consent of both spouses and a court application and it is beneficial to discuss this and work through an attorney to manage this process. 

What the Law Says
The law allows both you and your ex to form new relationships after divorce without unnecessary interference. As a parent, you generally cannot prevent your ex from introducing your children to a new partner. However, the best interests of the children remain the top priority. If the new partner poses a risk of abuse, neglect, or harm, the situation can be addressed legally.

If you are concerned about the new partner’s influence or safety around the children, you can ask the court to intervene. The court will always make a decision based on what is in the children’s best interests.

In many cases, concerns about a new partner stem from jealousy or fear of being replaced, rather than actual risks to the children’s well-being. That said, it is important for both parents to communicate respectfully and consider each other’s feelings to avoid unnecessary conflict. Mediation is often a helpful way to resolve these concerns.

Key Factors to Consider
When deciding if a new partner’s involvement is appropriate, the following factors are relevant

The New Partner’s Background – Does the partner pose any actual danger? (e.g., history of abuse, neglect, or substance abuse).
Children’s Emotional Well-being – Consider their current mental and emotional state.
Time Spent Together – How much time will the children spend with the new partner?
Parenting Style – How the new partner provides care and disciplines the children.
Values and Lifestyle – Does the partner’s lifestyle conflict with the children’s upbringing?
Influence on the Children – What impact does the new partner have on the children’s behavior or well-being?
Perception by the Children – What message does the new partner’s presence convey to the children?


Court Intervention
Except in extreme cases (e.g., abuse, neglect, substance abuse, or mental health concerns), courts are unlikely to stop a new partner from being around the children. Courts generally will not restrict a parent’s time with the children solely because of the new partner’s involvement.
The focus always remains on ensuring the children’s safety and well-being, not the personal preferences or feelings of the parents.

A marriage ceremony can take place almost anywhere, as long as the legal part of the ceremony is conducted or repeated in a church or other building used for religious services or in a public office (i.e. a Government office) or in a private dwelling house. Basically, as long as the signing of the register/marriage certificate is done indoors. 

Absoloutely! You need to have a frank discussion with a lawyer who can assist not only with the legal requirements but to give both parties some important and realistic advice and checks about how marraige will affect your future - Obtaining good legal advice before you get married can save you an enormous amount of stress and expense down the line, not only in the unfortunate case of a divorce. Remember that your marital status can affect future issues like your financial liability for debts incurred, or the division of assets in the case of a divorce. As the old saying goes "Plan for the worst and hope for the Best!" 

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Divorce and Family Law

Decisions around divorce, custody, or family restructuring often come at a time when clarity feels out of reach. The legal steps you take during this period can have long-term effects—on your children, your financial security, and your ability to rebuild. That's why steady, well-informed guidance from divorce attorneys is important from the very start.

divorce attorneys Johannesburg

What is Divorce and Family Law?

Divorce and family law covers the legal rights and responsibilities that arise during separation, divorce, and other changes within a family. It includes issues like asset division, child custody, maintenance, parenting plans, and protection from domestic violence.

Our team of divorce and family lawyers will help you navigate these matters with legal precision and practical insight. Outcomes often depend on timing, evidence, and how your case is presented—making experienced legal support essential from the outset.

Our Divorce and Family Law Services

We offer a comprehensive range of legal services across all areas of divorce and family law. Each case is approached with clarity, discretion, and a focus on achieving practical outcomes for our clients.

Divorce, Separation and Parenting Plans

Divorce can be a complex and overwhelming process, but we are here to guide you every step of the way.

  • Uncontested Divorce – When both parties agree, we manage the process efficiently with minimal conflict or delay.
  • Contested Divorce – Where disputes arise, we provide assertive legal representation to protect your rights and long-term interests.
  • Division of Assets – We assist in the fair and lawful division of property, including investments, pensions, and jointly owned assets.
  • Spousal Maintenance– Whether claiming or defending, we help structure realistic, legally appropriate maintenance agreements.

Parental Rights and Responsibilities

We help parents establish stable arrangements that protect their relationships with their children.

  • Child Custody and Contact – We help establish arrangements that support your child’s wellbeing and preserve your parental relationship with them.
  • Parenting Plans – Our attorneys assist in drafting and formalising plans that reflect your family’s unique needs.
  • Child Maintenance – We ensure financial contributions are fair, enforceable, and aligned with your child’s needs.
  • Guardianship – We provide legal guidance where guardianship responsibilities are being confirmed or contested.

Civil Unions and Domestic Partnership Dissolution

  • Ending Civil Partnerships – We assist with the legal termination of registered partnerships, including division of shared assets and care arrangements.
  • Separation for Unmarried Couples – For cohabiting partners, we provide guidance on asset division, financial claims, and parenting issues where no formal marriage exists.
  • Disputes Involving Cohabitation Agreements – We help enforce or challenge the terms of cohabitation agreements during separation.
  • Same-Sex Partnership Dissolution – Our attorneys offer legal support for same-sex couples facing separation or family restructuring.

Domestic Violence 

We provide immediate and effective legal support to those experiencing domestic violence.

  • Protection Orders – We act swiftly to help you secure court-issued protection when your or your children's safety is at risk.
  • Legal Advocacy– Ongoing support for clients dealing with harassment, threats, or domestic abuse within family settings.

Mediation and Alternative Dispute Resolution

  • Family / Divorce Mediation – A practical, less expensive alternative to litigation, helping parties reach mutual agreement with legal guidance.
  • Alternative Dispute Resolution (ADR) – When appropriate, we help our clients explore solutions outside of court to preserve relationships and reduce conflict.

Why Timing Affects Outcomes in Family Law

In any divorce or family law matter, your rights are not automatic—they must be understood, asserted, and properly documented. This includes the right to a fair division of assets, the right to maintain a meaningful relationship with your children, and, where applicable, the right to receive or contest maintenance.

Delays in seeking legal advice can put those rights at risk. Interim decisions—whether formal or informal—can become difficult to reverse later. Parenting arrangements, financial disclosures, and communication breakdowns can all carry legal consequences if left unmanaged.

Getting clarity early gives you the space to act from a position of knowledge rather than stress. At VDM Attorneys, we help you understand exactly where you stand under South African family law, and work with you to protect what matters—before the situation starts shaping itself without your input.

Choose VDM Attorneys for Your Divorce & Family Law Matters

Strong legal ability is only part of the picture—how your attorney works with people matters just as much. At VDM Attorneys, we combine firm legal direction with calm, compassionate support. Clients rely on us for more than legal paperwork—they count on us for guidance through some of the most complex personal decisions they’ll ever face.

We’re trusted for our:

  • Focused expertise in South African divorce and family law, including high-conflict matters and nuanced parenting disputes
  • Tailored strategies that reflect your goals, protect your rights, and minimise unnecessary conflict
  • Responsiveness and discretion - we listen carefully, communicate clearly, and act without delay
  • Consistency across the process, from the first consultation to resolution or court finalisation

Whether you’re planning ahead or already in the middle of a difficult family transition, our attorneys are here to help you move forward—well-informed, well-supported, and legally protected.

Contact us or schedule a consultation with one of our divorce and family lawyers who understand what’s at stake—and are here to help you move forward.