Family Law

Family Law in South Africa encompasses a wide range of legal services that deal with matters related to family relationships, domestic issues, and personal affairs. These legal services are designed to address various aspects of family life and provide legal solutions for issues that may arise within families.

Here are some of the key legal services covered under Family Law in South Africa:

1. Marriage and Civil Unions:

  • Legal advice on marriage laws, requirements, and procedures.
  • Drafting prenuptial agreements (antenuptial contracts) to determine how assets and liabilities will be divided in case of divorce.
  • Assisting with civil unions, which are recognized legal partnerships for same-sex couples.

2. Divorce and Separation:

  • Handling divorce proceedings, including legal separation, divorce applications, and contested or uncontested divorces.
  • Addressing issues related to property division, spousal maintenance (alimony), and child custody and support.

3. Child Custody and Guardianship:

  • Providing legal guidance on child custody arrangements, visitation rights, and parenting plans.
  • Assisting with matters related to the appointment of guardians for minor children.

4. Child and Spousal Maintenance:

  • Advising on matters of financial support for children and spouses after divorce or separation.
  • Determining the appropriate amount of child and spousal maintenance based on financial circumstances and needs.

5. Adoption:

  • Assisting with the legal process of adopting a child, including documentation, court procedures, and compliance with adoption regulations.

6. Surrogacy and Assisted Reproduction:

  • Advising on legal aspects of surrogacy and assisted reproduction, including the rights and responsibilities of all parties involved.

7. Domestic Violence and Protection Orders:

  • Providing legal assistance to victims of domestic violence, including obtaining protection orders to prevent further abuse.

8. Mediation and Dispute Resolution:

  • Facilitating mediation and negotiation processes to help families resolve conflicts and reach amicable agreements without going to court.

9. Maintenance and Custody Disputes:

  • Representing clients in court for disputes related to child custody, visitation rights, and maintenance claims.

10. International Family Law:

  • Addressing legal matters involving international family relations, such as international child abduction cases and jurisdictional issues.

11. Parental Rights and Responsibilities:

  • Advising on matters related to parental rights, responsibilities, and decision-making for minor children.

12. Domestic Partnerships and Cohabitation Agreements:

  • Assisting couples in domestic partnerships with legal agreements outlining their financial and personal arrangements.

Family Law attorneys in South Africa work to protect the rights and interests of individuals and families, helping them navigate complex legal issues while providing support during emotionally challenging times. The legal services provided under Family Law aim to achieve fair and equitable resolutions for all parties involved.

LEXICON Specialists in Family Law

Paul Abernethy
Ludi Mpati

LEXICON attends to the following aspects of family law:

  • Immigration
  • Home Affairs transactions
  • Antenuptial Contracts
  • Estate Planning
  • Divorces
  • Custody
  • Maintenance issues
  • Wills and Estates
  • Adoptions
  • Disputes regarding primary care of minor children


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