Divorce Matters

Divorce Matters Overview

South African law allows a marriage to be dissolved by a court when there is an irretrievable breakdown of the relationship. Children’s rights to care, contact, and maintenance are protected under the Divorce Act, Maintenance Act, and Children’s Act, and the court must always prioritise the best interests of the child.​

Key services:

  • Contested and uncontested divorces in Regional Courts or High Courts.
  • Drafting and negotiating settlement agreements and parenting plans that can be made orders of court.
  • Handling maintenance, division of the joint or accrual estate, and pension fund interests.​

 

Common examples:

  • Fast‑tracking an uncontested divorce where both parties agree on property division and maintenance.
  • Assisting a spouse to claim a fair share of the accrual after a long marriage.
  • Protecting a parent’s contact rights where the other parent attempts to frustrate access to the children.

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