Divorce process step by step Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that's easily accessible through our website. [caption id="attachment_4409" align="alignleft" width="300"] Call our law offices: 0211110090 Email:appointment@ourlawyer.co.za[/caption] Feel free to click on the links below and find out more about our legal expertise: Basic Divorce Guide - Western Cape High Court Divorce Notice Of Set Down - Cape Town High Court Cape Town Divorce Particulars Of Claim Western Cape High Court Cape Town Do Your Own Unopposed Divorce. No Lawyers Needed. Free Online Divorce Assistance Form DIY South Africa - frequently asked questions for divorce Summons Divorce Western Cape High Court Cape Town Twenty One (21) Uncontested divorces in the Western Cape High Court today. Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. [caption id="attachment_4410" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: appointment@ourlawyer.co.za[/caption] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today! Divorce Court Cape Town When it comes to divorce, there are two types: contested/opposed or uncontested/unopposed divorce. An opposed divorce can make matters very complex and take over years whereas the unopposed divorce can be done over 3 weeks. [caption id="attachment_4411" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: appointment@ourlawyer.co.za[/caption] It is however, true the manner in which a divorce can unfold will depend on the religious nature of marriage. For instance, is it a civil marriage or civil union? A court order will then be required under such circumstance. Getting divorce in the High Court can be a costly, time consuming legal affair due to flooded court rolls and postponed dates. Thankfully, one can now resort to getting a divorce through the Regional Court of the Magistrates’ Court which in turn, lessens the plight of the High Court. [caption id="attachment_4412" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: appointment@ourlawyer.co.za[/caption] For unopposed divorce, speak to our family legal expert today and have some direction as the way forward to getting your divorce done. You can also find out more about our DIY divorce service which is less costly and time consuming. Free divorce South Africa We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate. [caption id="attachment_4413" align="alignleft" width="300"] Call our law offices on: 0211110090 Email: appointment@ourlawyer.co.za[/caption] Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7th floor, The Pinnacle, corner of Strand and Burg Street. When visiting us for your legal consultation, you have he luxury of a professional setting and free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation. Connect with us! - Telelaw (Video

Divorce process step by step

Our law offices boast a professional legal expert in divorce, child maintenance, child custody and other family legal matters. Our consultancy thrive to bring you professional legal services that’s easily accessible through our website. [caption id="attachment_4409" align="alignleft" width="300"]

Call our law offices: 0211110090 Email:[email protected][/caption] Feel free to click on the links below and find out more about our legal expertise:

Divorces can be a tough legal battle for many because a lot is at play when there are children involved. During our years of experience, we often found that additional legal problems arise – such as child custody and child maintenance which opens a whole new can of worms. [caption id="attachment_4410" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today!

Divorce Court Cape Town

When it comes to divorce, there are two types: contested/opposed or uncontested/unopposed divorce. An opposed divorce can make matters very complex and take over years whereas the unopposed divorce can be done over 3 weeks. [caption id="attachment_4411" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] It is however, true the manner in which a divorce can unfold will depend on the religious nature of marriage. For instance, is it a civil marriage or civil union? A court order will then be required under such circumstance. Getting divorce in the High Court can be a costly, time consuming legal affair due to flooded court rolls and postponed dates. Thankfully, one can now resort to getting a divorce through the Regional Court of the Magistrates’ Court which in turn, lessens the plight of the High Court. [caption id="attachment_4412" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] For unopposed divorce, speak to our family legal expert today and have some direction as the way forward to getting your divorce done. You can also find out more about our DIY divorce service which is less costly and time consuming.

Free divorce South Africa

We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate. [caption id="attachment_4413" align="alignleft" width="300"]

Call our law offices on: 0211110090 Email: [email protected][/caption] Simply click on the link below and download our free divorce product toolkit below: Free Divorce Tool Kit Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. When visiting us for your legal consultation, you have he luxury of a professional setting and free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation. Connect with us!

Posted on 11 February 2025 by Telelaw

Divorce process step by step

Call our law offices: 0211110090 Email:[email protected]

Feel free to click on the links below and find out more about our legal expertise:

Call our law offices on: 0211110090 Email: [email protected]

For a professional legal consultation, contact our law offices on 021 424 3487 and have our friendly receptionist make an online appointment for you. Secure your one on one legal consultation today!

Divorce Court Cape Town

It is however, true the manner in which a divorce can unfold will depend on the religious nature of marriage. For instance, is it a civil marriage or civil union? A court order will then be required under such circumstance.

Getting divorce in the High Court can be a costly, time consuming legal affair due to flooded court rolls and postponed dates. Thankfully, one can now resort to getting a divorce through the Regional Court of the Magistrates’ Court which in turn, lessens the plight of the High Court.

For unopposed divorce, speak to our family legal expert today and have some direction as the way forward to getting your divorce done. You can also find out more about our DIY divorce service which is less costly and time consuming.

Free divorce South Africa

We have now made our legal products and services easily accessible from our website by placing them directly onto our home page; making our home page easy to navigate.

Simply click on the link below and download our free divorce product toolkit below:

Free Divorce Tool Kit

Our law offices are conveniently situated in the heart of the buzzing CBD at Suit 702, 7^th floor, The Pinnacle, corner of Strand and Burg Street. When visiting us for your legal consultation, you have he luxury of a professional setting and free Wi-Fi for your convenience. Call our offices and make an online appoint today for your professional legal consultation.

Connect with us!

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.