Family Law & Divorce Lawyers

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.

Types of 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 emotional and mental strain that the spouses and their families will endure;
  • A reduction in physical and mental wellbeing resulting from mental and emotional stress;
  • And how quickly the spouses and family members will be able to cope with and adapt to the radical changes and move on to create their own new lives.

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:

Spousal Support, Interim Maintenance and Rule 43

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.

Divorce & Settlement

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).

Child Custody & Parenting Plans

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 Maintenance & Support

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.

Paternity Suits

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.

Adoption / Foster Care

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.

Protection Orders

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.

Why you should have a family law attorney?

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.

Van Deventer & Van Deventer Incorporated - Divorce Lawyers Sandton, Johannesburg

Contact Van Deventer & Van Deventer Incorporated for any aspect of Divorce & Family Law. We'll be happy to help you.



The Intricancies of Child Custody in South Africa


Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.

While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.

Read More ...
Posted by Cor van Deventer on Wednesday, October 6, 2021 Views: 390


Child and Spousal Maintenance in South Africa


The Maintenance of Surviving Spouses Act 2 of 1990 provides that of a surviving spouse to claim maintenance from the late estate of their deceased spouse, and the Executor of the estate is obliged to pay such maintenance.

Read More ...
Posted by Cor van Deventer on Wednesday, February 17, 2021 Views: 1172


The Legal Fundamentals of Divorce in South Africa


The dissolution of marriage is one of the biggest decisions one can make in their lives. Due to the sometimes-grave consequences, divorce is one that the Courts do not take lightly and will only order upon evidence that a normal marriage relationship cannot be restored.

Read More ...
Posted by Cor van Deventer on Tuesday, February 9, 2021 Views: 390