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