Family Law and Divorce Law Information
South African Government Sites
The Office of the Family Advocate
The Family Advocate assists the parties to reach an agreement on disputed issues, namely care, contact and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to care, contact or guardianship. The services of the Family Advocate are rendered to the public free of charge. The Family Advocate is a legal officer employed by the Department of Justice and acts as legal representative of the children.
Sheriffs in South Africa
A sheriff is an official appointed by the Minister for Justice to perform within the area of jurisdiction of the lower or superior court for which he has been appointed the functions assigned by or under any law to a sheriff of the court. Their functions are set out in various pieces of legislation, including the Supreme Court Act and the Magistrates Courts Act, along with the respective set of rules for each Act. Sheriffs, amongst other functions, serve documents like the Summons in a divorce action, garnishee order or a writ of execution on a Defendant/Respondent. Their fees are fixed in terms of legislation, click here for the High Court tariffs and here for the Magistrate's court tariffs.
Legal Aid
Legal Aid South Africa derives its mandate from section 35 of the Constitution of the Republic of South Africa. In terms of this section, every person who is arrested detained or accused has a right to a fair trial, which includes the right to have a legal practitioner assigned by the State and at State expense. Legal Aid South Africa’s role is to provide legal aid to those who cannot afford their own legal representation. This includes poor people and vulnerable groups such as women, children and the rural poor. It does this in an independent and unbiased manner with the intention of enhancing justice and public confidence in the law and administration of justice. To see if you qualify for legal aid click here.
The Regional Magistrates Courts
The Department of Justice and Constitutional Development has amended the Magistrate’s Courts Act of 1944 giving powers to Regional Courts to deal with civil cases. The Regional Courts Amendment Act which came into effect on 9th August 2010, the National Woman’s Day. The Regional Courts were established in 1952 to deal with serious criminal offences and mete out harsher penalties. The amendments increase access to justice to members of the public, in particular, women and children who go to courts daily for the resolution of family related disputes relating to divorce; maintenance; adoption; and matters relating to custody of minor children. Click here for a list of the courts.
The High Courts
A high court has jurisdiction in its own area over all persons residing or present in that area. These courts hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgement or to impose a penalty. Except where a minimum or maximum sentence is prescribed by law, their penal jurisdiction is unlimited and includes handing down a sentence of life imprisonment in certain specified cases. Divorce matters are also heard in the High Court. Only the High court may award or amend guardianship of a minor child. For the Rules of court click here.
Court Judgements
South Africa: Eastern Cape High Court, Bisho
South Africa: Eastern Cape High Court, Grahamstown
South Africa: Eastern Cape High Court, Mthatha
South Africa: Eastern Cape High Court, Port Elizabeth
South Africa: Eastern Cape High Court, East London Local
South Africa: Free State High Court, Bloemfontein
South Africa: Kwazulu-Natal High Court, Durban
South Africa: Kwazulu-Natal High Court, Pietermaritzburg
South Africa: Northern Cape High Court, Kimberley
South Africa: North Gauteng High Court, Pretoria
South Africa: North West High Court, Mafikeng
South Africa: South Gauteng High Court, Johannesburg
South Africa: Western Cape High Court, Cape Town
Law Libraries - South Africa
University of Pretoria. Laws of South Africa. Consolidated Legislation
Southern African Legal Information Institute : Recent Southern African cases and open source Journals
Government Printing Works : All recent government gazettes
Acts On-line
The Southern African Legal Information Institute (SAFLII)
The Southern African Legal Information Institute (SAFLII) is an on-line repository of legal information from South Africa that aims to promote the rule of law and judicial accountability by publishing legal material for open access in line with the objectives of the global Free Access to Law Movement. SAFLII also hosts legal materials from other countries in the region, which are obtained through partnerships and collaborative efforts with governments, courts, law societies and more recently through linking to other Legal Information Institutes being established in these regions. SAFLII's projects have been commended by the Southern African Chief Justices Forum, The South African Parliament as well as the Office of the Chief Justice. SAFLII is a project of the South African Constitutional Court Trust and is currently the largest free-access collection of on-line legal materials from South Africa.
Mediation Organisations - South Africa
Famac
SAAM
NGO's - South Africa
Community Law Centre UWC
http://www.communitylawcentre.org.za/children
Nicro
http://www.nicro.org.za
National Association of Child Care Workers
http://www.naccw.org.za
Childline
http://www.childline.org.za
Centre for Human Rights
http://www.chr.up.ac.za
Lawyers for Human Rights
http://www.lhr.org.za
Legal Resources Centre
http://www.lrc.org.za
Women’s Legal Centre
http://www.wlce.co.za
Centre for Applied Legal Studies (Wits)
http://www.law.wits.ac.za
Restorative Justice Centre
http://www.rjc.co.za
Centre for Child Law
http://www.centreforchildlaw.co.za
International NGO's
UNICEF
http://www.unicef.org
Save the Children USA
http://www.savethechildren.org
Save the Children UK
http://www.savethechildren.org.uk
Reunite (Child abduction)
http://www.reunite.org
Defence for Children International
http://www.defence-for-children.org
Center for Children, Families and the Law, University of Virginia
http://www.virginia.edu/~ccfl
Center for Children, Families and the Law, Hofstra University
http://law.hofstra.edu/centers/ccfl/index.html
Centre for International Family Law Studies, Cardiff University
Children Youth and Families Consortium, University of Minnesota
Cornell University US State Statutes on Family Law
Family Law Council (Australia)
Family Justice Council (England and Wales)
Adoption.com
Adoption.org
Abduction Site
http://www.globalmissing.com/
www.globalinitiative.org
Child Abduction Resource Center
International Family Law Sites
American Bar Association Center on Children and the Law
American Bar Association Commission on Domestic and Sexual Violence
American Bar Association, Section on Family Law
Association of Family and Conciliation Courts
Australian Institute of Family Studies
Hague Convention Official Site
Child Abduction and other Hague Treaties
http://www.hcch.net/
INCADAT: International Child Abduction Database
http://www.incadat.com
International Centre for Missing and Exploited Children
Abduction Site
http://www.icmec.com/
International Child Abduction and Contact Unit (ICACU)
The International Child Abduction and Contact Unit is the Central Authority in England and Wales
http://www.courtfunds.gov.uk/os/icacu.htm
Divorce Aid UK site offering advice and information on all areas of divorce and separation
http://www.divorceaid.co.uk/
Divorce Source US Divorce Law Guide
http://www.divorcesource.com/index.html
DivorceNet US Divorce Law Guide
http://www.divorcenet.com/
EDGAR documents Public Company searches
http://www.sec.gov/cgi-bin/srch-edgar
Law Council of Australia Family Law Section Australian Family Law Site
http://www.familylawsection.org.au/
LII Locator for Uniform Matrimonial, Family, and Health Laws Cornell site including resources
http://www.law.cornell.edu/uniform/vol9.html
New Zealand Law Society, Family Law Section New Zealand Family Law site
http://www.familylaw.org.nz/
American Academy of Matrimonial Lawyers Association of Lawyers
http://www.aaml.org/
Central London Collaborative Forum UK Collaborative Practice Group
http://www.cl-cf.co.uk/
European Court of Human Rights International Human Rights court
http://www.echr.coe.int/
Expert Witnesses UK and Ireland Expert Witnesses
http://www.expertwitness.co.uk/
Federal Court's Home Page US Federal Court site
http://www.uscourts.gov/
Global Arbitration Mediation Association Inc. Mediation
http://www.gama.com/
International Bar Association Association of Lawyers
http://www.ibanet.org/
Jams En dispute Mediation
http://www.jamsadr.com/
Mediation Information and Resource Center Mediation
http://www.mediate.com/
National Council of Juvenile and Family Court Judges Association of Judges
http://www.ncjfcj.org/
National Organization of Bar CounselAssociation of Lawyers
http://www.nobc.org/
Resolution - first for family law UK Association of Lawyers. Formerly the Solicitors' Family Law Association
www.resolution.org.uk
UK College of Family Mediators Mediation
http://www.ukcfm.co.uk/
Union des Advocats Europeen The U.A.E. is a non profit Association based in Luxemburg. Membership is open to lawyers who are members of a Bar or a Law Society in the European Union
http://www.uae.lu/
World Congress on Family Law The World Congress on Family Law & Children's Rights
http://www.lawrights.asn.au/
The Office of the Family Advocate
The Family Advocate assists the parties to reach an agreement on disputed issues, namely care, contact and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to care, contact or guardianship. The services of the Family Advocate are rendered to the public free of charge. The Family Advocate is a legal officer employed by the Department of Justice and acts as legal representative of the children.
Sheriffs in South Africa
A sheriff is an official appointed by the Minister for Justice to perform within the area of jurisdiction of the lower or superior court for which he has been appointed the functions assigned by or under any law to a sheriff of the court. Their functions are set out in various pieces of legislation, including the Supreme Court Act and the Magistrates Courts Act, along with the respective set of rules for each Act. Sheriffs, amongst other functions, serve documents like the Summons in a divorce action, garnishee order or a writ of execution on a Defendant/Respondent. Their fees are fixed in terms of legislation, click here for the High Court tariffs and here for the Magistrate's court tariffs.
Legal Aid
Legal Aid South Africa derives its mandate from section 35 of the Constitution of the Republic of South Africa. In terms of this section, every person who is arrested detained or accused has a right to a fair trial, which includes the right to have a legal practitioner assigned by the State and at State expense. Legal Aid South Africa’s role is to provide legal aid to those who cannot afford their own legal representation. This includes poor people and vulnerable groups such as women, children and the rural poor. It does this in an independent and unbiased manner with the intention of enhancing justice and public confidence in the law and administration of justice. To see if you qualify for legal aid click here.
The Regional Magistrates Courts
The Department of Justice and Constitutional Development has amended the Magistrate’s Courts Act of 1944 giving powers to Regional Courts to deal with civil cases. The Regional Courts Amendment Act which came into effect on 9th August 2010, the National Woman’s Day. The Regional Courts were established in 1952 to deal with serious criminal offences and mete out harsher penalties. The amendments increase access to justice to members of the public, in particular, women and children who go to courts daily for the resolution of family related disputes relating to divorce; maintenance; adoption; and matters relating to custody of minor children. Click here for a list of the courts.
The High Courts
A high court has jurisdiction in its own area over all persons residing or present in that area. These courts hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgement or to impose a penalty. Except where a minimum or maximum sentence is prescribed by law, their penal jurisdiction is unlimited and includes handing down a sentence of life imprisonment in certain specified cases. Divorce matters are also heard in the High Court. Only the High court may award or amend guardianship of a minor child. For the Rules of court click here.
Court Judgements
South Africa: Eastern Cape High Court, Bisho
South Africa: Eastern Cape High Court, Grahamstown
South Africa: Eastern Cape High Court, Mthatha
South Africa: Eastern Cape High Court, Port Elizabeth
South Africa: Eastern Cape High Court, East London Local
South Africa: Free State High Court, Bloemfontein
South Africa: Kwazulu-Natal High Court, Durban
South Africa: Kwazulu-Natal High Court, Pietermaritzburg
South Africa: Northern Cape High Court, Kimberley
South Africa: North Gauteng High Court, Pretoria
South Africa: North West High Court, Mafikeng
South Africa: South Gauteng High Court, Johannesburg
South Africa: Western Cape High Court, Cape Town
Law Libraries - South Africa
University of Pretoria. Laws of South Africa. Consolidated Legislation
Southern African Legal Information Institute : Recent Southern African cases and open source Journals
Government Printing Works : All recent government gazettes
Acts On-line
The Southern African Legal Information Institute (SAFLII)
The Southern African Legal Information Institute (SAFLII) is an on-line repository of legal information from South Africa that aims to promote the rule of law and judicial accountability by publishing legal material for open access in line with the objectives of the global Free Access to Law Movement. SAFLII also hosts legal materials from other countries in the region, which are obtained through partnerships and collaborative efforts with governments, courts, law societies and more recently through linking to other Legal Information Institutes being established in these regions. SAFLII's projects have been commended by the Southern African Chief Justices Forum, The South African Parliament as well as the Office of the Chief Justice. SAFLII is a project of the South African Constitutional Court Trust and is currently the largest free-access collection of on-line legal materials from South Africa.
Mediation Organisations - South Africa
Famac
SAAM
NGO's - South Africa
Community Law Centre UWC
http://www.communitylawcentre.org.za/children
Nicro
http://www.nicro.org.za
National Association of Child Care Workers
http://www.naccw.org.za
Childline
http://www.childline.org.za
Centre for Human Rights
http://www.chr.up.ac.za
Lawyers for Human Rights
http://www.lhr.org.za
Legal Resources Centre
http://www.lrc.org.za
Women’s Legal Centre
http://www.wlce.co.za
Centre for Applied Legal Studies (Wits)
http://www.law.wits.ac.za
Restorative Justice Centre
http://www.rjc.co.za
Centre for Child Law
http://www.centreforchildlaw.co.za
International NGO's
UNICEF
http://www.unicef.org
Save the Children USA
http://www.savethechildren.org
Save the Children UK
http://www.savethechildren.org.uk
Reunite (Child abduction)
http://www.reunite.org
Defence for Children International
http://www.defence-for-children.org
Center for Children, Families and the Law, University of Virginia
http://www.virginia.edu/~ccfl
Center for Children, Families and the Law, Hofstra University
http://law.hofstra.edu/centers/ccfl/index.html
Centre for International Family Law Studies, Cardiff University
Children Youth and Families Consortium, University of Minnesota
Cornell University US State Statutes on Family Law
Family Law Council (Australia)
Family Justice Council (England and Wales)
Adoption.com
Adoption.org
Abduction Site
http://www.globalmissing.com/
www.globalinitiative.org
Child Abduction Resource Center
International Family Law Sites
American Bar Association Center on Children and the Law
American Bar Association Commission on Domestic and Sexual Violence
American Bar Association, Section on Family Law
Association of Family and Conciliation Courts
Australian Institute of Family Studies
Hague Convention Official Site
Child Abduction and other Hague Treaties
http://www.hcch.net/
INCADAT: International Child Abduction Database
http://www.incadat.com
International Centre for Missing and Exploited Children
Abduction Site
http://www.icmec.com/
International Child Abduction and Contact Unit (ICACU)
The International Child Abduction and Contact Unit is the Central Authority in England and Wales
http://www.courtfunds.gov.uk/os/icacu.htm
Divorce Aid UK site offering advice and information on all areas of divorce and separation
http://www.divorceaid.co.uk/
Divorce Source US Divorce Law Guide
http://www.divorcesource.com/index.html
DivorceNet US Divorce Law Guide
http://www.divorcenet.com/
EDGAR documents Public Company searches
http://www.sec.gov/cgi-bin/srch-edgar
Law Council of Australia Family Law Section Australian Family Law Site
http://www.familylawsection.org.au/
LII Locator for Uniform Matrimonial, Family, and Health Laws Cornell site including resources
http://www.law.cornell.edu/uniform/vol9.html
New Zealand Law Society, Family Law Section New Zealand Family Law site
http://www.familylaw.org.nz/
American Academy of Matrimonial Lawyers Association of Lawyers
http://www.aaml.org/
Central London Collaborative Forum UK Collaborative Practice Group
http://www.cl-cf.co.uk/
European Court of Human Rights International Human Rights court
http://www.echr.coe.int/
Expert Witnesses UK and Ireland Expert Witnesses
http://www.expertwitness.co.uk/
Federal Court's Home Page US Federal Court site
http://www.uscourts.gov/
Global Arbitration Mediation Association Inc. Mediation
http://www.gama.com/
International Bar Association Association of Lawyers
http://www.ibanet.org/
Jams En dispute Mediation
http://www.jamsadr.com/
Mediation Information and Resource Center Mediation
http://www.mediate.com/
National Council of Juvenile and Family Court Judges Association of Judges
http://www.ncjfcj.org/
National Organization of Bar CounselAssociation of Lawyers
http://www.nobc.org/
Resolution - first for family law UK Association of Lawyers. Formerly the Solicitors' Family Law Association
www.resolution.org.uk
UK College of Family Mediators Mediation
http://www.ukcfm.co.uk/
Union des Advocats Europeen The U.A.E. is a non profit Association based in Luxemburg. Membership is open to lawyers who are members of a Bar or a Law Society in the European Union
http://www.uae.lu/
World Congress on Family Law The World Congress on Family Law & Children's Rights
http://www.lawrights.asn.au/
