Free Legal Advice on Family Law and Related Topics

[caption id="attachment_7370" align="alignleft" width="198"] Advocate Cape Town Lawyer Attorney Legal High Court

Our location[/caption] 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

Advocate Cape Town Lawyer Attorney Legal High Court — 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

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.

Free DIY Online Divorce Guide and Court documents – High Court, Cape Town, Western Cape
This article deals with uncontested divorces in the Western Cape High Court, Cape Town, for marriage In Community of Property. It further provides legal guidance on doing your divorce, with an online divorce. These free divorce resources relate to divorces in the Western Cape instituted from the High Court. Other courts may follow similar practices. It is suggested that you consult with a legal practitioner before instituting divorce legal proceedings, especially if there are minor children and a large estate involved. If you require assistance or legal represenation in a divorce in any Court in South Africa, feel free to schedule a consultation with using the online form further below.
Online Divorce Form
The online divorce form is provided below to kick start the divorce process. After completing the form, and pressing “submit”, our online system will send you an email with the information you provided, as well with links where you may download the following: A divorce guide in PDF format A Sample Summons in PDF format A Particulars of Claim in PDF Format A notice of Set Down in Word Format

Marriages ending up in divorce

When the marriage of a couple has broken down, a divorce may be the best option. If this route is followed, then a friendly process should ensure. There is no need for spouses to fight over a divorce. It is waste of money and if there are children involved, they may come out traumatised. Therefore, in the interest of all concerned, an uncontested divorce is the best option in most cases.

What is an uncontested divorce?

An uncontested divorce happens in one of the following situations:

The couple agrees beforehand to the terms of the divorce, and then enters into a Settlement Agreement or Consent Paper. One party would then initiate the divorce proceedings, and the other party won’t defend it on the basis of entering into a settlement agreement or consent paper
The couple are not on friendly terms. One of them institute divorce proceedings and stipulate in the summons what they want. The other party receives the summons and does not have issue with what the other spouse is asking for. The divorce then proceeds as prayed for in the Summons.
A spouse instituted divorce proceeding and the other spouse defended it. After the lawyers or parties spoke, they came to some type of an agreement. The party then withdrew his defence and the divorce proceeded undefended.

How long does an uncontested divorce take?

An uncontested divorce where the parties agrees upon the terms of the divorce beforehand, can take approximately 4 (four) weeks from start to finish. The time periods can be estimated as follows:

3 to 5 days to draft the Summons and Settlement Agreement. The Parties requires some time obtain information regarding pension funds, how to divide the join estate and so on.
A day to issue the summons and about 2 days for it to be served on the Defendant by the Sheriff. A better option is for the Defendant to be served at the office of the Sheriff. In this case, there is no need for the Sheriff to visit the Defendant at his place of work or home.
10 working days must then elapse after the summons has been served on the Defendant.
Once the 10 days has elapsed, the divorce may be set down on the unopposed court roll.
To set the divorce down on the unopposed roll, you should obtain a date from the Registrar. Usually the date is in a few weeks.

What about the Office of the Family Advocate?

If there are minor children involved, the Office of the Family Advocate would need to have a look at what provisions have been made regarding them in the Summons or Settlement Agreement. What happens in practice, is the Summons or Consent Paper is delivered to the Office of the Family Advocate. A Family Advocate would study it and endorse it if there are no concerns. If there are concerns, he or she would advise the Court thereof.

What happens at the divorce Court?

Should the divorce proceed uncontested, and set down correctly, you matter should be on the court roll. In the Western Cape High Court, divorces are dealt with closer to the end of the court roll. When your matter is called up, you would be sworn in and provide evidence. You would have to deal with the following:

That you are the Plaintiff and reside in the Western Cape.
You were married to the defendant on a certain date and place.
Show the original marriage certificate, or copy to the Court.
Confirm that there are minor children born from the marriage.
Tell the Court the reasons for the breakdown of the marriage and why it cannot be saved.
Ask the court to grant a decree of divorce, and the terms stipulated in the Summons (more specifically, the Particulars of Claim) or the Consent Paper entered into.

Posted on 11 February 2025 by Telelaw

Frequently Asked Questions on Child Custody – Cape Town

[caption id="attachment_7080" align="alignleft" width="188"]

Advocate Muhammad Abduroaf – Advocate of the High Court South Africa[/caption] We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not find the answer to a child custody question you are looking for, feel free to post your divorce question here. For more q uestions on child custody, visit this page.

Can you change the baby’s last name without the father’s consent?

No, you require his consent. If he does not want to give consent, then you may approach a court of law. This answer is based on the presumption that the father has parental responsibilities and rights over the child.

Do I have parental rights if I am not on the birth certificate?

Yes, it is possible that you have.

How do you change your last name on your birth certificate?

You need to apply to the Department of Home Affairs.

How do I apply for child maintenance in South Africa?

You should approach the maintenance court.

Can you change your child’s surname?

Yes, you can. Both parents should consent.

How do I change my child’s surname in South Africa?

You need to apply to the Department of Home Affairs.

How much is the basic rate of child maintenance?

There is no basic rate. It depends on the income and expenses of both parents and the needs of the child.

What are your rights as a father?

To form part of the child’s life.

Can you put your baby up for adoption without the father’s consent?

No, you cannot.

Can a mother keep the child away from the father?

She may only with very good reason.

Can a father take a child away from its mother?

He may only do so for a very good reason and in the child’s best interests.

Can a mother give up her parental rights?

Yes, she can.

What age do you stop paying child maintenance?

18. This is when the child is an adult.

What makes a child legitimate?

If both parents were married when the child was born or after. However, the term legitimate and illegitimate is frowned upon.

How do I get sole legal custody of my child?

You need to apply to the court.

Can you get child support if the father’s name is not on the birth certificate?

Yes, you can.

Can a parent take a child away from the other parent?

Only if it is truly in the child’s best interests.

Can you get child support if you have joint custody?

Yes, you can.

Can a parent take a child out of South Africa without permission of the other parent?

No, a parent cannot.

Can a mother take the child from the father?

No, she may not. If she does, she would have to have a valid reason.

What is considered parental kidnapping?

If a parent takes the child from the primary caregiver without his or her permission.

Can a police officer enforce a child custody order?

They may if ordered to.

What are your rights as a father?

To form part of a child’s life.

Who has custody of a child when the parents are not married?

Both parent if they form part of the child’s life. This is on condition that they both hold parental responsibilities and rights. In short, if they meaningfully partook in the child’s life, they hold parental responsibilities and rights.

Can you change the baby’s last name without the father’s consent?

No, you require both parent’s consent. This is especially so if both parents are holders of parental responsibilities and rights over the child.

Do I have parental rights if I am not on the birth certificate?

Yes, you do. If you meaningfully partook in the child’s life you have those rights. Here we refer to paying child support or proving support. We are also referring to you spending time with the child.

How do you change your last name on your birth certificate?

You apply to Home Affairs. Both parents have to give consent if they are co-holders of parental responsibilities and rights. If they do not give consent, then a court application has to be lodged.

How do I apply for child maintenance in South Africa?

You approach the maintenance court. There is a maintenance court in every magisterial jurisdiction in South Africa. You should approach on where you and the child resides, or where you work.

What is visitation rights?

The right to see your child or have contact with him or her. Visitation rights are usually every second weekend and during school holidays.

What rights does a father have to a child born out of wedlock?

To form part of the child’s life. In other words, the same rights as a father of a child born in wedlock. This is of course on condition that he meaningfully formed part of the child’s life since birth.

How can a father get custody of his child?

He should apply to the court. The court would look into what is in the child’s best interests.

What percentage of mothers get custody?

Mother’s are usually the primary caregivers of young children.

How do you get custody of a child without a lawyer?

You can approach the court yourself.

What is an unfit mother?

A mother who does not act in the child’s best interests.

Can a mother keep the child away from the father?

No, she may not. If the mother does that, the father can enforce his rights by approaching a competent court.

How do you apply for full custody of a child?

You approach the court. You may approach the Children’s Court or the High Court.

What percentage of fathers get custody?

A large amount. Each case has its own merits.

What are your rights as a father?

To form part of a child’s life. He also has responsibilities to care and guide the child.

Can you change your child’s surname?

Yes, you can. However, you require the consent of both parent’s holding parental responsibilities and rights.

How does a judge determine custody of a child?

The judge looks at what is in the best interests of the child. There is no pre-determined preference for the father or mother.

How can you get custody of your child?

You should apply to the court. The court would listen to both parents and decide what is best for the child.

What is full custody of a child?

Full custody means that you fully care for the child.

How much is the basic rate of child maintenance?

There is no basic rate. It depends on the specific circumstances of each case. You look at what the parent’s earn and the needs of the children.

Can a mother take her child away from the father?

She may only do that if it is in the child’s best interests. However, she may not go against a court order. If there is a court order in place, she would have to apply to have it varied.

Can a parent take a child away from the other parent?

No, a parent may not do so. If there is a court order in place, such order must first be changed.

How do I change my child’s surname in South Africa?

You need to apply at the Department of Home Affairs. Both parents should give consent. If consent is unreasonably withheld, a court application must be lodged.

How do you file for full custody of your child in Cape Town, South Africa?

You may approach the High Court of the Children’s Court. Each court has a different procedure.

What is joint custody with primary residence?

Joint custody means both parents have equal say in the child’s life and care for the child in that manner. Primary residence is where the child primarily resides. If the child lives with the father during the week, and only sees the mother on weekends, then his home is the primary residence.

What does it mean to have full custody?

The means that the child’ is cared for by only one parent who has full custody.

What is the difference between full and sole custody?

It means the same thing. However, full custody may also mean join custody. It all depends on the context.

Can you get custody of a child that’s not yours?

Yes, you can. You would need to apply to the court for such rights. You may apply to the High Court or the Children’s Court.

Who has custody of a child when the parents are not married?

By default the mother. However, the father acquires such rights if he forms part of the child’s life.

What rights does a mother have to her child?

A mother has full parental responsibilities and rights over her child.

Can you get sole custody and child support?

Yes, you can. They two are separate matters.

What does it mean to be the primary custodial parent?

It means the child is primarily cared for by that parent.

What is partial child custody?

It means that you do not care for the child all the time.

What is the meaning of joint custody?

Joint custody is where both parents care for the child.

What is the difference between legal and physical custody?

Legal would mean based on a court order or the law. Physical would mean what actually takes place.

Business support and business legal advice

Get to know more about our legal operation and enjoy our online appointment system for businesses and family legal expert advice. We offer business legal support and legal guidance where necessary for your convenience. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert. We offer the following business legal services:

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

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today. Once an online appointment has been made for any of the above legal services, a professional telephonic or face to face (depending on client preference), will be conducted with the legal expert himself. It is however, crucial to note that all of the above fixed costs includes expert legal advice from a well experienced legal expert – as well as the necessary service required such as drafting. Furthermore we will not be held responsible for any additional costs required outside the service we offer. Would you like some legal guidance on how to go about your business in the legal framework of things? Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert.

We offer the following business legal services:

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

For more on our business legal support consultations, call our law offices on 021 424 3487 for an online appointment today.

Family legal Advice – Child Maintenance, Divorce and Child Custody

On the flip side, we are a family legal consultancy that offers legal guidance and assistance in family law. We provide legal advice on a variety of family law topics, which includes, but not limited to:

We have compiled a range of online legal articles that explains the rights of fathers. These online articles contain free, expert legal advice compiled by the legal expert himself:

Feel free to call our law offices on 021 424 3487 today, for an online appointment for a professional legal consultation today! The creators of this website had made free, expert legal advice easily accessible for your convenience. For more on your legal options and ideas for your divorce, see the following links:

comprising of:

Divorce guide

The free divorce starter toolkit provides you with the necessary tools to attend to the unopposed divorce on your own. The tools include a template Summons, Particulars of Claim and a Notice of Set-Down. Should you wish to have a one on one legal consultation with legal expert himself, then do feel free to call our law offices on 021 424 3486 for an online appointment today.

Want to make a business appointment?

So you’ve recently started your business and you’re pretty clueless as to the best way forward, or the next best step. This is completely normal – no consultancy understands this better than we do. For this purpose, we have professional legal consultation exclusive for business purposes only. Would you like some legal guidance on how to go about your business in the legal framework of things? We offer the following business legal services:

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

Do not hesitate to call our law offices on 021 424 3487 for an online appointment to consult with the legal expert in any of the following business requirements listed above.