Free Legal Advice on Family Law and Related Topics in South Africa

Our location

Legal services can be very expensive. However, if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place. We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high-quality legal services to everyone who requires it.

Free Family Law Resources

If you require any of the following free resources, feel free to order them.

If you are in search of family law articles, view some of them below.

Child Maintenance

Child Custody

Divorce & Property

Domestic Violence

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option). You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more. Visit our child custody and maintenance site for additional information.

Posted on 11 February 2025 by Telelaw

Free Legal Advice on Family Law and Related Topics in South Africa

Advocate Cape Town Lawyer Attorney Legal High Court

Our location

We are a legal consultancy based in the Western Cape. Our services comprise of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

Free Family Law Resources

If you require any of the following free resources, feel free to order them.

If you are in search of family law articles, view some of them below.

Child Maintenance

Child Custody

Divorce & Property

Domestic Violence

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

Professional drafting of your business agreements and contracts
First of all, running a business requires its own set of expertise and guts – we admire your courage and we understand that it’s not easy. However, a business person can in no way act as a legal expert when it comes to the drafting of business agreements and contracts. Unfortunately. It is for this reason your business may require the legal expertise of a legal professional who can help you avoid potential loopholes in your agreement. To have a fresh, legal perspective is relevant to the growth of your business and prevents your business from mistakes that could be irreversible. We are a family and business legal consultancy that aims to deliver professional, expert legal advice and guidance where necessary. See our estimated cost for our legal business products are as follows:
Ante-nuptial Contracts R 2 100 – 00
Basic Will Drafting R 1 000 – 00
Email Legal Advice (per question) R 299 – 00
Family Trust Registration R 7500 – 00
Shariah Will Drafting R 950 – 00
Unopposed Divorces R 9500 – 00
For your convenience, we are also professional legal drafters of Ante-Nuptial Contracts which will cost you to you a total of R2 100 – 00. Furthermore, we have a professional online method in which you can call our offices on 021 424 3487, for an online appointment to be made for you.

Drafting of Business Contracts

The legal expert however, reminds us that is it written contracts that binds people to their word: A sure way for a business to encounter problems in the future, is for it not enter into important written agreements to bind its clients and suppliers, to mention a few. We are professional legal drafters of: Sale Agreements; Lease Agreements; Service Agreements; Non-disclosure agreements; and Other business Contracts.

Drafting of Employment Contracts

As stated by the business legal expert, contracts can be tailored accordingly in a manner that best reflects the needs of your business. All businesses are unique, and therefore require customized employment contracts. Furthermore, with the stringent employment laws, it is more important now than ever to ensure that all your employment contracts are legally sound. The last thing your business needs is for a disgruntled employee to take you to the CCMA or the labor court. Speak to us today. For more on business legislation compliance and legal drafting, find out more about the business legal services we offer. We offer the following business legal services that could be of help for your business:

Business Legal Support
Business Legislation Compliance
Drafting of Business Contacts
Drafting Employment Contacts
Business Legal Training
Private and Non Profit Company Registrations
Credit Profiles
Business Trusts Registration

Would you like to consult with the legal expert for expert legal advice regarding your business? Call our law offices on 021 424 3487 for an online appointment to be made for you. Fortunately our law offices boasts a very straight forward online process in which the potential client will receive an automated email their side stating all the relevant details for the consultation. The email will highlight:

Name (of potential client)
Surname (of potential client)
Email Address
Home Address
Contact details
Date and time of consultation
Nature of legal matter
Payment methods are highlighted and terms and conditions .

Call our offices on 021 424 3487, for an online appointment to be made for you today!

Family legal consultancy – divorce matters

With extensive experience in family legal matters, we have found divorce, child custody and child maintenance to be the most commonly dealt with legal matters. By observing its popular demand for effective legal services, we have compiled easily accessible legal pieces containing free, expert legal advice for your convenience. See the links below and enjoy:

Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for online appointment for a professional legal consultation today. Our law offices are situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, Cape Town.

contact our law offices on 021 424 3487 for online appointment for a professional legal consultation today. Connect with us today!

Posted on 11 February 2025 by Telelaw

The Court Order says my minor child’s mother has custody, but my daughter primarily lived with me since she was a toddler. What can I do to legalise the situation? The mother is now demanding that the order now be followed – 5 years later.
[video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] At the time of a divorce or separation, the parents of a minor child would usually agree on where the minor child would primarily reside. If they cannot come to an agreement, the Court would make that decision for them. If the parents were never married, one of them may have approached the Court. This is to deal with their parental responsibilities and rights.
Parents not following Court Order
What often happens is a Court would order that one parent has primary care over a minor child, but that specific parent does not take on that responsibility. In other words, the minor child would live primarily with the parent who does not have custody. The parent who has custody would then only occasionally have contact with the minor child. This is so despite the Court Order stating that the minor child should primarily live with him or her. This becomes problematic, as the Court Order says one thing, but the parents are doing the opposite.

Parenting disagreements despite a Court Order

Should the parents come to a disagreement in the future, the parent who has primary care in terms of a Court Order may demand to exercise his or her rights as the primary caregiver. The parent who has primary care in terms of the Court Order may even threaten to take legal action to enforce the Order. This situation may be problematic as the minor child may have been living for a very long time with the non-custodial parent, enrolled in the nearby school, have friends there, etc. This would all be uprooted should the order now be followed many years later. The minor child would have to be enrolled in a new school, and furthermore, the new home may not be adequate for the minor child’s needs.

The Child Custody Court Order and its compliance

Once a Court makes an order, it should be complied with. Nothing less applies in the case of a Court order regarding a minor child. Once the minor child becomes an adult, the order basically falls away, unless they are provisions that still lives on. For example, a provision that states that child maintenance should be paid to the mother until the minor child turns 21 or is self-supporting, and so on. But should the child be a minor (under the age of 18 years old), the parental responsibilities and rights as outlined in the Court order would usually apply. Therefore, unless the Court order lapsed, it needs to be complied with.

What can a parent do under the latter situation?

The first port of call would be to have a look at the Court order and see what it obliges the parents to do in this situation. This can either be facilitation or mediation. If that fails, or no such provision exists, then making an application to the Court to vary the Order would be the appropriate remedy. This basically entails filing a Notice of Motion, attached to it, a Founding Affidavit. The Notice of Motion will state what you want. The Founding Affidavit would state the facts substantiating the relief you are looking for.

The relief sought

The relief a parent may want from the Court would be that a certain clause in the Court Order is varied. It should state that primary care is awarded to the father (or the mother as the case may be). It would further outline what contact rights the parent who had primary care in terms of the order would have. Usually, it would follow what the parties have been exercising in the past.

What would the Court decide regarding custody?

[caption id="attachment_8258" align="alignleft" width="476"]

Child Custody Visitation and Contact[/caption] The Court is the upper guardian of all minor children within its jurisdiction. It, therefore, can override the wishes of the parents. However, the Court has to comply with the Constitution and the Children’s Act. Both pieces of legislation say that the minor child’s best interests must be upheld when it comes to these types of issues. Therefore, the Court would look at all the relevant facts. It would then make a decision as to what is best for the minor child concerned. The Court would look at the Order and whether it has been complied with. Thereafter it would decide whether a change to it would be warranted. The Court is also not obliged to make an order based on what the parents in the case want. It would make a decision as to what it believes is in the minor child’s best interests.

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws

Posted on 11 February 2025 by Telelaw