TG Khosa Attorneys understands that family law may be a very sensitive area of the law which in most cases changes the status of a person. For this reason, we handle every matter with utmost care, diligence and professionalism.
Our Family Law division includes the following:
- Matrimonial Law
Love is blind, but marriage is an eye-opener. Before saying “I do”, let us help you decide on which matrimonial regime is best suitable for you and your spouse.
Marriages in South African are governed by the Matrimonial Property Act of 1984. The Act provides three forms of matrimonial property systems, namely:
- In Community of Property;
- Out of Community of Property with accrual; and
- Out of Community of Property excluding accrual.
- Divorce
Has your marriage irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a normal marriage relationship?
The harsh reality facing South Africans is that many marriages end in divorce. The divorce process in our country makes it relatively easy to get divorced. However, the financial and emotional consequences for those involved are undoubtedly profound. Whether it is contested or uncontested divorce divorce, TG Khosa Attorneys is ready to help you through the entire divorce process.
- Rule 43 or 58 Applications
Contested divorces are lengthy in nature. The law provides a mechanism which can be used to assist spouses during a divorce by providing for orders for interim maintenance and contact of minor children pending the finalisation of the divorce.
Rule 43 of the Supreme Court Act 59 of 1959 and Rule 58 of the Magistrate’s Courts Act 32 of 1944 provide that an interim order can be made to help an applicant spouse expeditiously obtain maintenance and or contact with the minor children. The maintenance will be for an interim period only until the final divorce order is granted.
- Parental Responsibilities and Rights
Both parents of a child have equal rights and responsibilities with respect to their child. However, in the event that such parents are not living together, specific rights and responsibilities may be given to one parent, either by court order or agreement between the parents.
A parent or any other person who has an interest in the wellbeing of a minor child may apply to the Children’s Court, High Court or the Divorce Court during divorce proceedings for an order granting him/her with rights and responsibilities with respect to a minor child.
- Parenting Plans
Section 33 (1) of the Children’s Act provides that co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
If, however, the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in accessing those responsibilities and rights, those co-holders of such responsibilities and rights must first seek to agree on a parenting plan before seeking the court’s intervention.
TG Khosa Attorneys will assist you with entering into a conclusive parenting plan which is suitable to both parents, bearing in mind that the interests of the minor child are of paramount importance.
- Spousal and Children’s Maintenance
Spousal maintenance is seen as a contractual aftermath of the maintenance between spouses in a marriage.
Spousal maintenance is maintenance that is paid by a husband or a wife to their former spouse following a divorce. A claimant spouse must provide a factual basis for maintenance after divorce before the quantum and duration thereof will be determined by the court.
Section 15 (1) of the Children’s Act provides that a maintenance order is directed at the enforcement of the common law duty of the child’s parents to support that child. The basic principle is that there is a reciprocal maintenance obligation in accordance to both parent’s respective abilities.
- Protection Orders
A protection order is an order made by a court that prevents the respondent from causing domestic violence to the complainant. The order may contain certain terms and conditions that a respondent must comply with, for instance, the protection order can state that the respondent is not allowed to make any contact with the complainant or to go near the complainant.
- Contempt and Enforcement of Agreements and Court Orders
The civil contempt procedure is a valuable and important mechanism for securing compliance with Court Orders.
Clients should always be mindful that unintentional failure to comply with a Court Order is not contempt of Court. Intentional failure to comply with the Court Order will therefore have to be proved.