Child Maintenance Articles and Posts

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Family Law Questions and Answers

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Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

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Posted on 11 February 2025 by Telelaw

Child Maintenance Articles and Posts

Family Law Questions and Answers

Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:

Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

You are welcome to call us on 021 424 3487 / 0870735800

For other legal and business services, feel free to visit:

Business SA or Private Legal.

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I want to get a divorce from my spouse. I am not happy. What are frequently asked divorce questions in South Africa?
What is the cheapest way to get a divorce in South Africa?
The least expensive method for obtaining a divorce in South Africa is through an uncontested divorce, where both parties agree on all terms.
How long does it take for a divorce in South Africa?
The duration of a divorce process in South Africa varies, but on average, it takes about 2 to 4 months to finalize an uncontested divorce. Contested divorces may take longer due to legal proceedings.
What is the wife entitled to in a divorce in South Africa?
In a divorce in South Africa, the division of assets and spousal support is determined by various factors, including contributions to the marriage. There is no fixed entitlement for the wife, as each case is unique.
How much is an uncontested divorce in South Africa?
The cost of an uncontested divorce in South Africa depends on factors such as legal fees and sheriff expenses. It can range from a few thousand to several thousand rand.
How can I get a quick divorce in SA?
Opting for an uncontested divorce, where both parties agree on terms, and having all necessary documents prepared and submitted promptly can expedite the divorce process in South Africa.
Who pays for divorce fees in South Africa?
The responsibility for covering divorce fees in South Africa is typically shared between the spouses, but the specific arrangement may vary based on the agreement reached during the divorce proceedings.
Can I divorce my husband without him knowing in South Africa?
No, a divorce in South Africa requires legal notice to the other party. The spouse must be properly served with divorce papers, ensuring they are aware of the proceedings.
Can I divorce without my partner?
While divorce generally involves both parties, if your partner refuses to participate, you may proceed with a divorce, but it could become a contested case, potentially prolonging the process.
How long do you have to be separated before divorce is automatic in South Africa?
There is no automatic divorce in South Africa solely based on separation.
Who loses more in a divorce?
The impact of divorce varies, and there is no definitive answer to who loses more. Both spouses may experience emotional, financial, and lifestyle changes as a result of divorce.
What will I lose if I get divorced?
Depending on how you are married, in a divorce, assets, property, and debts are typically divided between spouses. The specific outcomes depend on various factors, including the legal agreements reached during the divorce proceedings.
Am I responsible for my husband’s debts if we divorce in South Africa?
Only if you were married in community of property.
What is the cheapest way to get divorced?
The most economical way to get divorced is through an uncontested divorce, where both parties agree on terms, reducing legal fees and court costs.
How do I start a divorce process?
To initiate a divorce process in South Africa, you typically need to consult with an attorney, who will guide you through the necessary steps, including filing a summons at the appropriate court.
How long does a free divorce take?
While a free divorce might refer to a DIY or uncontested divorce with minimal legal fees, the duration varies, but it may take around 4 to 8 months on average.
Who suffers the most in a divorce?
The emotional and financial impact of divorce can affect both spouses, and the degree of suffering varies based on individual circumstances.
Is divorce bad for finances?
Divorce can have financial implications, potentially leading to the division of assets and increased living expenses. However, careful planning and legal guidance can help minimize the financial impact.
How do I protect myself financially from my spouse?
To safeguard your financial interests in a divorce, consult with a divorce attorney, gather financial documentation, and consider reaching a fair settlement through negotiation or mediation.
How to get a free divorce in South Africa?
While a completely free divorce may be challenging, you can reduce costs by opting for an uncontested divorce, using DIY divorce kits, or seeking legal aid if you meet the eligibility criteria.
How can I get a quick divorce online?
Online divorce services may provide a quicker process for uncontested divorces. Research reputable online platforms, follow their procedures, and ensure all necessary documentation is submitted promptly.
How can I avoid divorce at all costs?
Avoiding divorce involves open communication, seeking counseling if needed, and addressing issues early on. However, it’s essential to recognize situations where divorce may be the best option for all parties involved.
Can you get divorced without going to court in South Africa?
No, one party would need to go to court to provide evidence.
Can you get divorced at Home Affairs?
No, Home Affairs does not handle divorces in South Africa. Divorces are filed and processed through the legal system, with the involvement of the appropriate court.
Who should file for divorce first in South Africa?
Either spouse can initiate divorce proceedings in South Africa. The decision on who files first often depends on individual circumstances and legal strategies.
Can I get divorce papers online in South Africa?
Yes, online platforms and legal services can provide divorce documents in South Africa. Ensure that the chosen service is reputable and complies with the country’s legal requirements.
Do I need a divorce certificate/Order to remarry in South Africa?
Yes, you need a divorce certificate/Order to remarry in South Africa. This document serves as proof that your previous marriage has been legally dissolved.
What are the stages of divorce?
The stages of divorce typically include filing a summons, responding to the summons, negotiations or court proceedings, and the finalization of the divorce decree.
What happens if one person in a marriage doesn’t want a divorce?
If one person opposes the divorce, it may become a contested case. The court will assess the reasons for opposition and make decisions based on legal principles.
What happens if one person says no to divorce?
If one party refuses to consent to the divorce, the case may become contested. The court will then evaluate the grounds for divorce and make decisions accordingly.
What if I don’t want a divorce but my husband does?
If one spouse wants a divorce and the other does not, it may lead to a contested case. Legal proceedings will follow to address the disagreement and determine the outcome.
Where do I go to get divorce papers in South Africa?
You can obtain divorce papers from an attorney, legal aid services, or reputable online platforms that specialize in providing legal documents for divorce in South Africa.

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.

Posted on 11 February 2025 by Telelaw

Child custody disputes during the Covid-19 pandemic and the Lockdown – What impact did the National Lockdown have on it?
With three months into the national lockdown, no one will dispute that it had a profound effect on all aspects of daily life. The same would apply to marriages, family relations and co-parenting to mention a few. A lot has been written on the topic of the movement of children during the lockdown. At the start of the lockdown, the movement of children was prohibited. The child had to remain with the parent with whom he or she was with at the start of the lockdown. A few weeks into the lockdown, things changed. Children could move between parents if there were a court order, parental rights and responsibilities agreement or parenting plan registered with the office of the family advocate. Later, things further developed where the magistrate’s permit came into play. Read more above the changes to the regulations over time by clicking on this link. You would find an extensive overview of the history of the movement of children during the lockdown.

Have child custody disputes increased three months after the start of the lockdown?

One would be a fool to say that all things are the same three months after the lockdown when it comes to parental problems. At the start of the lockdown, Our Lawyer (Pty) Ltd received a lot of queries regarding regulations concerning the movement of children. This was so especially during the first few weeks. However, looking at various analytics, including the number of queries received on its blogs, and email and telephone queries, it would seem that the numbers have not increased much if any. This is a broad assumption, and not based on any empirical data. Those numbers are in contrast to that of child maintenance disputes which have always been high during the lockdown.

What can be said about this assumed drop in numbers?

Considering the Covid-19 pandemic, and its associated lockdown, children and parents were at home for an extremely long time. Many children are still at home and some parents did not go back to work. Furthermore, many nannies are not there to assist. During times like these, parents would set aside their differences and find common ground. If a parent decided not to allow the other parent contact, it would mean that he or she would have to care for the child the entire day and night for very long periods. This is so as the child would not be attending school and would have to be cared for and entertained the entire day. This is not only exhausting but expensive as well.

Moving forward during the lockdown

Although the economy is slowly spinning its wheels, and children are returning to school, now more than ever, parents must work together for the sake of their children, and their own sake. With jobs being lost and money being scarce, personal differences need to be put aside and the situation needs to be looked at clearly and rationally. It would be hard for a parent to care for a child alone during the lockdown, especially if there is assistance available. Having said that, parents should continue to adequately maintain their children during this period, and ensure that all their basic needs are met.

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Posted on 11 February 2025 by Telelaw

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