Family Law

Family law

Marriage and civil unions, divorce and annulment, child custody and the child’s best interests, maintenance, child abuse, and domestic violence are all covered by family law or marital law. Family law attorneys can defend clients in family court procedures or related negotiations and create critical legal documents such as court petitions and property agreements. South African family law is concerned with the legal principles that govern familial relationships in South Africa.

The services that a family law office offers

At Pamela Waters-Oosthuizen, we have top lawyers who will help you with any and all of your family law disputes, including:

• Marriage
  It is a union between a man and a woman that is negotiated and celebrated according to the customary law of their society. Whether monogamous or polygamous, a customary marriage is recognised as valid and will get complete legal protection. Since the Civil Union Act of 2006 took effect on November 30, 2006, same-sex marriage has been lawful in South Africa.
• Civil Unions
  It is a union between two people, which may or may not be of the same sex. Unless an antenuptial compact specifies otherwise, a civil union will automatically be in community of property.
• Divorce
  In South African law, divorce refers to the dissolution of a marital union, the cancellation of legal duties and responsibilities of marriage, and the dissolution of the matrimonial relations between a married couple.
• Annulment
  The marriage will be declared null and void due to the annulment. It will be as if the parties were never married, and the parties’ marital status will not follow them.
• Child Custody
  The rights and responsibilities of parents for the care of their children are referred to as child custody.
• Child Best Interests
  The term “best interests of the child” is used to describe the outcome that is most likely to benefit a child in a particular situation. It can also be used to refer to a child’s right to have his or her best interests evaluated and prioritised.
• Child Abuse
  According to Childline, child abuse is defined as any interaction or lack of involvement by a parent or carer that results in non-accidental harm to the child’s physical or developmental state.
• Domestic violence
  Domestic violence is defined by South African law as any type of abuse, including physical, sexual, emotional, psychological, and economic abuse. Harassment, property destruction, stalking, intrusion into a person’s property without their agreement, and any other abusive or controlling behaviour that causes or may cause harm to your health, safety, or well-being are all further examples of domestic violence.

Family Advocate and Children

The Family Advocate helps the parties come to an agreement on contentious topics such as custody, access, and guardianship. If the parties are unable to reach an agreement, the Family Advocate assesses the parties’ circumstances in light of the child’s best interests and makes a custody, access, or guardianship recommendation to the court. In legal parental responsibilities and rights issues, the Family Advocate’s role is to promote and safeguard the best interests of minor/dependent children.