Family law is a practice area concerned with the legal issues involved in family relationships. Family law encompasses a broad range of legal topics involving marriage and children. Common family law subjects include divorce or annulment, child custody and visitation rights, child maintenance support payments, and spousal support or alimony.
When you find the person who you want to share your life with, the last thing you think about is the possibility of a divorce. Yet divorce is an all too common reality for anyone who is married to ignore.
Divorce rates in South Africa have been on the rise for many years, while the number of marriages has dropped. It’s not uncommon to know someone who has or is going through a divorce.
Some say that this is a terrible phenomenon which reflects the lack of commitment of the latest generations. However, others say that this high rate of divorce is a reflection of the general public taking control of their lives, and choosing their own personal happiness over the commonly held notion that a life fulfilled is one that must include marriage and children.
An equitable settlement on the dissolution of a marriage is essential for you to move on with your life. And, even more important, the happiness and positive adjustment of your children who are caught up in these unpleasant events.
Most family lawyers represent clients in divorce proceedings and other matters related to divorce. However, at Van Deventer & Van Deventer Incorporated our attorneys specialise in all the areas of family law & divorce.
The type of divorce one chooses greatly affects the cost and duration of the divorce process. This in turn has a direct and profound effect on:
The longer and more antagonistic the divorce is directly correlates to a more extensive negative emotional impact on all the parties involved.
In South Africa there are three main types of divorce. These are:
An allowance made to one spouse by the other for support pending or after legal separation or divorce. When your relationship falls apart it does not mean that the obligations of spousal support disappear. Durring these difficult times it is important that financial distress is not used as a tool.
Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. At Van Deventer & Van Deventer Incorporated , our divorce lawyers are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).
While court orders and settlement agreements involving both custody and support are included in the divorce case, it may be altered after the non-custodial parent's financial situation changes.
Child support is aimed at providing help with the cost of raising a child. This includes providing for their essential needs like food, clothes, education and a home to live in. Child maintenance is money that one parent pays to the parent who is the primary guardian of the child.
In most cases, paternity cases are filed by the mother in an effort to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child.
When considering adoption, keep in mind that this complex process differs according to the type of adoption, where the child is from, and numerous other factors. Therefore, it is wise to consult a family law attorney at Van Deventer & Van Deventer Incorporated to make this process easier for you.
A protection order (which is also known as a restraining order) is an order issued by the court to protect one person from domestic violence, harassment, stalking or sexual assault from someone else, an organisation or business.
For many people, the court process for any family law matter can often be very confusing. And unfortunately, many of us may find ourselves in court, having to deal with an issue related to family law.
Going through a divorce has the potential to be one of the most emotionally and financially stressful experiences in one’s life, not only for the spouses but their family members as well. Some people can go through this intense experience multiple times in a lifespan.
Therefore, it is in your best interest to consult with our family attorneys at Van Deventer & Van Deventer Incorporated, who will help to explain your rights and protect your interests.
Our divorce lawyers are experienced in family law and know how to navigate through the complicated legal processes, in an efficient manner.
We will also be there for you whenever you have any questions with regards to your specific circumstances, and the legal procedures that you may have to face.
Contact Van Deventer & Van Deventer Incorporated for any aspect of Divorce & Family Law. We'll be happy to help you.
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This is the second and final part of our “preparing for divorce checklist” series which looks at all the financial considerations when getting divorced in South Africa.
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