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Family and Divorce law in South Africa - A Comprehensive Guide
  • Home
  • Divorce
    • The Reasons for Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage out of Community of Property, new case
      • Marriage in Community of Property
      • Marriage out of community without accrual >
        • Understanding Post-1984 Marriages
      • Marriage out of community with the inclusion of the accrual
      • Anti-Dissipation Interdicts Divorce
      • Universal Partnerships
      • Antenuptial Contracts
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
      • Postnuptial Contracts
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Divorcing a Narcistic Spouse
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Ingredients of a successful relationship
    • What are the elements of a successful marriage?
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
    • Variation of Maintenance due to loss of employment
    • Contempt of Court Maintenance
  • Children
    • Section 28 of the Children's Act
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
    • The Hague Convention >
      • Child Participation in South African Family Law and the Hague Convention
      • International Child Custody Law South Africa
      • Hague Applications and Domestic Violence
      • Mirror Orders and the Hague Convention
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Unmarried Fathers Rights
    • Parenting Plans >
      • Parenting Plan
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • The Law on Grandparents Rights over Children
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
      • What is the effect of Parental Alienation on children?
    • Living Arrangements
    • What effect does divorce have on children?
    • The Voice of the Child in Divorce
    • Facilitation
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Domestic Violence Legislation and Case Law
    • The New Domestic Violence Act 14 of 2021
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Being married to a Narcissist.
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment >
      • Harassment Forms
  • Cohabitation
    • Universal Partnerships in South African Cohabitation
    • Maintenance and Cohabitation
    • Interim Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
  • Formalities for marriage in south africa
    • South Africa's New Marriage Bill: A Step Towards Equality and Inclusion
    • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Register for the Online Family Law Course
  • About the Author
  • Contact
  • Charities


​Download free Family law ebooks

CLICK HERE

A GUIDE TO FAMILY LAW, DIVORCE AND SEPARATION IN SOUTH AFRICA



South Africa's Premier Website On Family Law, Divorce and Separation

About this website

This website was established by Bertus Preller a Family Law and Divorce Lawyer at Maurice Philips Wisenberg, in Cape Town and author of the book "Everyone's Guide To Divorce and Separation". The website is a free information resource for those in need of assistance with issues such as separation, divorce, parental rights and responsibilities, maintenance and child support, domestic violence, how you should marry, etc. 

This website will help with the following crucial aspects:
​
  • Your rights when you get divorced, and the monetary aspects relating to divorce (including the consequences relating to assets and the divisions thereof).
  • All factors regarding the children, including how to implement a parenting plan, how much child maintenance will likely be required, and how to file for maintenance and child maintenance/support.
  • The law on same-sex marriages, and Civil Unions.
  • Your Rights and Responsibilities During the Divorce Process: Understanding the legal grounds for divorce in South Africa and how they may affect the dissolution process. Navigating complex financial disclosures and ensuring transparency of assets to facilitate an equitable division. Strategies for dealing with high-conflict divorce scenarios, including those involving narcissistic or uncooperative spouses. Detailed information about the role and appointment of the Family Advocate in custody and guardianship disputes.
  • Maintenance Issues: The intricacies of calculating maintenance, including factors such as the standard of living, each party's income, and the needs of the children. Understanding the tax implications of spousal and child maintenance. Steps to modify maintenance orders when circumstances change. Enforcement of maintenance orders through the maintenance court, including dealing with defaulters. Maintenance issues (interim Rule 43 and spousal maintenance).
  • Children's Well-being: Insight into the best interest standard used by South African courts to make decisions about children. Guidelines for shared parenting after divorce and the psychological benefits for children. Managing cross-cultural parenting challenges post-divorce.
  • Legal Protection and Domestic Violence: Detailed steps for obtaining an interim protection order and what to expect during the court proceedings. Resources and support services for victims of domestic violence, including shelters and counselling services.
  • Unmarried Fathers' Rights: The process for an unmarried father to obtain parental rights and responsibilities under the Children's Act. Legal recognition of fathers' rights to contribute to important decisions in their children's lives.
  • ​Cohabitation and Non-Marital Partnerships: Clarification of the legal distinctions between marriage and cohabitation. Advice on securing financial interests in long-term cohabitation arrangements.
  • Matrimonial Property Systems: Explaining the differences between marriages in community of property, out of community of property with accrual, and out of community of property without accrual. How debts and assets are treated in each matrimonial property system during a divorce.
  • Child Relocation and Abduction: Legal guidance on the protocol for parental relocation with a child, both nationally and internationally. Understanding the Hague Convention on the Civil Aspects of International Child Abduction and how it applies to South African law.

By providing comprehensive and reliable information on these important topics, this website can help you make informed decisions and navigate the complexities of divorce and family law in South Africa. 

The website not only serves as a portal for valuable legal information but also acts as a support network, guiding individuals through the emotional landscape of family law disputes. Here are additional areas where this resource will be invaluable:


  • Understanding the emotional and psychological impact of divorce and separation, and how to cope with the stress it may cause. It is important to recognise the emotional toll legal family disputes can exert on all involved, particularly children, and to find ways to mitigate this as much as possible.
  • Information on alternative dispute resolution methods such as mediation, which can be a less adversarial and more cost-effective way to resolve family law issues. 
  • Clarification on the rights and responsibilities that come with different types of marriage in South Africa, such as customary marriages and civil unions, and how these impact upon divorce proceedings.
  • Tips on managing the division of pensions and retirement plans during divorce, which can be one of the most significant financial concerns aside from the family home.
  • Regularly updated articles and blog posts that discuss the latest developments in family law, court judgments, and amendments to legislation that may affect your case or situation.

The goal of the website is to demystify the legal process and empower you with the knowledge to take control of your situation. Bertus Preller brings his expertise to the forefront, ensuring the advice provided is accurate, relevant, and actionable. By doing so, this website aims to reduce the uncertainty and anxiety that often accompanies legal proceedings in family and divorce law, providing a measure of comfort and clarity in what is often a tumultuous time.
​
"Filing for divorce should be a well thought out plan of action that serves as a last resort. It should be the final alternative after trying everything else" - Bertus Preller - Family Law Attorney

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Unlock Expertise in South African Family Law
​June 2024

Enlist as a Student to Our Comprehensive Family Law Course 

Delve into the depths of South African Family and Divorce Law with our expert-led Udemy course. Whether you are a Candidate Attorney, paralegal, a law student, or simply interested in this critical area of law, our course offers unparalleled insights and practical knowledge.

Why Join Our Course?

In-depth exploration of marriage laws, divorce procedures, child custody, and more.
Engaging content with real-world case studies.
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Click on 'Enlist Now' in the banner below and begin your journey towards becoming well-versed in South African Family and Divorce Law.
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Free Family Law and Divorce Law Information

Getting Married

​Cohabitation and Living Together
The Law of Engagement
Formalities for Marriages
​In Community of Property
Out of Community with Accrual
​Out of Community without Accrual
​Antenuptial Contracts
​Changing your Marital Regime
​
Same Sex Partners
​
Paternity Disputes

Abuse

Domestic Violence and Abuse
​
The Protection Order
Who Qualifies for a Protection Order
Steps To Obtain a Protection Order
Breaching  Protection Order
Frequently Asked Questions
Signs of an Abusive Relationship

Divorce

Important Aspects of Divorce
​
The Divorce Process in South Africa
Matrimonial Property Regimes
Divorce a Missing Spouse
Divorce and Pension Funds
​
Trusts and Divorce
​Adultery and Suing a Third Party
​
Divorce Mediation ​
Collaborative Divorce
​
Expatriates International Divorce

Maintenance

Maintenance and Financial Support
​Child Maintenance

Spousal Maintenance
​Interim Maintenance and Rule 43
​
How To Calculate Maintenance
​Frequently Asked Questions
Defaulting on Maintenance Payments 

Children and Divorce

The Children's Act 38 of 2005
Parental Rights
Relocation
Child Abduction
Unmarried Parents and Children
Living Arrangements
Contact and the non-custodial parent
Children and your new partner
​Parenting Plans

General

Emotions During Divorce 
Rebuilding your Financial Life 
Divorce Counselling 
​Divorce and Child Therapy
​Family Law Legislation 
Family Law Links 
Family Law Matters
​
Family Law Mediation



Meet Our Team of Family Law Specialists


Bertus Preller Divorce Lawyer

Bertus Preller

more on bertus
Nicole Martin Divorce Attorney Mediator Cape Town
Nicole Martin
More on Nicole
Tyla De Leeuw Divorce Attorney Cape Town
Kayla Spinoy
more on Kayla
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Read the Latest News and Cases on Family and Divorce Law in South Africa. 

READ HERE

Uncontested Divorce managed by an attorney


Communicate or consult remotely, no formal consultation. Fixed fee, no hidden costs. A divorce attorney will draft your divorce documents, attend to the issuing and service of the summons on the other party. All you need to do is to appear in court once the divorce is set down. 
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Uncontested Divorce

Uncontested DIY Divorce


iDivorce is an effective, efficient and cost effective online divorce document generating service enabling you to do your own divorce in a mere 4 - 6 weeks by utilizing a cutting edge technology platform that enhance service delivery and customer satisfaction. For only R 1000.00 you are able to divorce. All documents are prepared by the iDivorce platform and checked by legal experts before it is released to the customer.
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Online Antenuptial Contracts


Do you want a fast and cost effective hassle free Antenuptial Contract? iANC is your solution. A sophisticated technology platform generates your Antenuptial Contract and we also arrange for the registration thereof at the Deeds Office.
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Antenuptial Contract Online

What others say about the book Everyone's Guide To Divorce and Separation.


Judge Dennis Davis

Judge Dennis Davis

“Bertus Preller has filled a very significant gap with this timely book, in that in plain language, he provides a comprehensive guide to the broader community through the thicket of law that now characterises this legal landscape. Having said that, many lawyers, particularly those who do not specialise in the field, will also find great assistance in this work."
​- 
Judge Dennis Davis
Prof Jaco Barnard Naude

Prof Jaco Barnard Naude

"Benewens ‘n omvattende verduideliking van die egskeidingsproses bevat die boek ook heelwat praktiese wenke vir mense wat deur so ‘n proses moet gaan, as jy jou in ‘n skeidingsituasie bevind (en nie in die regsberoep werk of daarin bevriend is nie), moet jy jou, soos vir enige stryd, hoe gemoedelik ook al, bewapen...Preller se boek is ‘n sterk wapen. Kry dit."
​- 
Prof Jaco Barnard Naude
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The Family Law Blog


Read more

Family Law News


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Contact a Family Lawyer


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Everyone's guide to divorce and separation

Main Menu

Cohabitation and Living Together
Engagement and the Law
Formalities of Marriage in South Africa
Same-Sex Relationships
Unmarried Parents and Children
Parental Rights and Responsibilities
Care and Contact (Custody) of Children
Divorce In South Africa
Divorce Process in South Africa
Division of Assets in Divorce
Divorce and Retirement Funds
Rule 43 and Interim Maintenance
Divorce a Missing Spouse
Adultery, Suing a Third Party
International Divorces in South African Courts
Parental Rights
Child Maintenance
Spousal Maintenance
Domestic Violence and Abuse

Family and Divorce Law Links

Family Law Links
Family Law Legislation

Family Law Matters
Court Judgements
Court Rolls

Online Services

Online DIY Divorce
Online Managed Divorce
Online Antenuptial Contracts
​Divorce Online
​Book A Lawyer
​

Partner Services

Family Law Mediation
Collaborative Divorce
Divorce Attorney Cape Town

Contact Details

​MAURICE PHILLIPS WISENBERG
20th Floor, 2 Long  Street, Cape Town, 8001, South Africa
Telephone: +27 21 419 7115
Email: familylaw(@)mpw.co.za​


​
Email: familylaw@mpw.co.za
Facebook: divorceattorneys
Twitter: @bertuspreller

Family and Divorce Law Blogs

Divorce Attorney 
​Family Laws

© 2025 -  All content on this website is under copyright of  SplashLaw- All Rights Reserved.
Legal Notices
  • Home
  • Divorce
    • The Reasons for Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage out of Community of Property, new case
      • Marriage in Community of Property
      • Marriage out of community without accrual >
        • Understanding Post-1984 Marriages
      • Marriage out of community with the inclusion of the accrual
      • Anti-Dissipation Interdicts Divorce
      • Universal Partnerships
      • Antenuptial Contracts
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
      • Postnuptial Contracts
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Divorcing a Narcistic Spouse
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Ingredients of a successful relationship
    • What are the elements of a successful marriage?
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
    • Variation of Maintenance due to loss of employment
    • Contempt of Court Maintenance
  • Children
    • Section 28 of the Children's Act
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
    • The Hague Convention >
      • Child Participation in South African Family Law and the Hague Convention
      • International Child Custody Law South Africa
      • Hague Applications and Domestic Violence
      • Mirror Orders and the Hague Convention
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Unmarried Fathers Rights
    • Parenting Plans >
      • Parenting Plan
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • The Law on Grandparents Rights over Children
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
      • What is the effect of Parental Alienation on children?
    • Living Arrangements
    • What effect does divorce have on children?
    • The Voice of the Child in Divorce
    • Facilitation
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Domestic Violence Legislation and Case Law
    • The New Domestic Violence Act 14 of 2021
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Being married to a Narcissist.
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment >
      • Harassment Forms
  • Cohabitation
    • Universal Partnerships in South African Cohabitation
    • Maintenance and Cohabitation
    • Interim Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
  • Formalities for marriage in south africa
    • South Africa's New Marriage Bill: A Step Towards Equality and Inclusion
    • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Register for the Online Family Law Course
  • About the Author
  • Contact
  • Charities