Family Law & Divorce Lawyers Cape Town

Yes, prenuptial agreements, or antenuptial contracts as they are known in South Africa, are recognised and enforceable. They must be registered and outline how assets will be handled in the event of divorce or death of a spouse.

Yes, family lawyers specialize in matters related to child custody and can provide legal advice, help draft custody agreements, and represent you in court if necessary to ensure that the best interests of the child are met.

Yes, many family law attorneys in Cape Town are equipped to handle cases that involve international aspects, such as international custody disputes or divorces involving parties from different countries, adhering to both local and international legal frameworks.

The divorce process in South Africa begins with one party filing a summons in either the High Court or the Regional Court of the Magistrate's Court. The process involves several stages including serving the summons, responding, settlement or trial, and finalisation, depending on whether the divorce is contested or uncontested.

In South Africa, if you are married in community of property, assets and debts from the marriage are divided equally. If married out of community of property, assets are typically kept separate, unless otherwise stipulated by an antenuptial contract.

An uncontested divorce in Cape Town can take as little as three to six weeks to finalize. However, a contested divorce may take from two years or more, depending on the complexity of the issues involved.

Valid reasons for a divorce in South Africa include the irretrievable breakdown of the marriage, mental illness, or continuous unconsciousness of one spouse. The court must be satisfied that the marriage relationship has no chance of being restored.

A family lawyer can act as a mediator in disputes relating to family law or represent you during the mediation process. Their role is to facilitate discussions and help both parties reach a fair agreement.

Family law attorneys in Cape Town offer a range of services including divorce proceedings, child custody arrangements, spousal maintenance, and mediation services, among others, to help manage and resolve family disputes legally and compassionately.

When choosing a divorce lawyer in Cape Town, consider their expertise in family law, their approach to handling cases, their availability, and how comfortable you feel with them. It’s also important to review their track record and seek recommendations.