We use cookies to improve your browsing experience. By continuing to visit this site, you agree to our use of cookies.

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

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/

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