In South Africa you do not need your spouse's consent to divorce, and no one has to be proven at fault. What the law does require is that everything gets resolved properly: the property divided according to your marriage contract, maintenance addressed, and above all, sound arrangements made for any children involved.
There are three options for a divorce: settled, mediated, or contested. The decision on which option to go for makes an enormous difference to the cost, the pace, and what is left of the relationship afterwards. The firm's job is to advise you what the best option would be given your situation. However, should a prolonged dispute ensue, to guide you through to the ultimate end.
- Settled, mediated and contested divorces
- Division of the estate under any marriage contract
- Spousal and child maintenance
- Interim relief while the divorce is pending
A customary marriage is a full, legally recognised marriage, but it is also the most disputed kind, because so often nothing was written down. Was the marriage valid? Was lobola enough? What happens when a spouse dies and the in-laws deny the marriage existed? These questions carry serious property and inheritance consequences, and they are a particular focus of this practice.
The firm assists with proving and registering customary marriages, advising on their property consequences, and dissolving them, which only a court can do.
- Proving a customary marriage exists
- Registration at Home Affairs, including late registration
- Lobola and property disputes
- Divorce of customary marriages
Parenting Plans & Children's Law
When parents separate, the law's first question is not who wins, but what is best for the children. That includes any children involved, not only those born of the marriage. A court will not even grant a divorce until it is satisfied with the children's arrangements. Getting those arrangements right, in writing, early, prevents years of conflict.
The firm drafts and negotiates parenting plans covering where the children live, how contact works and how decisions get made, handles care, contact and maintenance disputes, and supports families through surrogacy agreements and the legal hurdles that can arise during adoption. Elize's background in nursing gives this work a dimension most law firms cannot offer.
- Parenting plans, drafted and made orders of court
- Care and contact (custody and access) disputes
- Child maintenance
- Surrogacy agreements and adoption support
Most family disputes do not need a courtroom; they need a structured, honest negotiation with someone neutral in the room. That is mediation: a trained mediator helps you work through the disputes one by one, and what you agree becomes a binding settlement. In the High Court, the rules require divorcing spouses to state upfront whether they are willing to try mediation, and where children's arrangements are disputed, the law requires parents to attempt a mediated parenting plan first.
Elize is a trained and experienced mediator. Mediation keeps the decisions in your hands rather than a judge's, costs a fraction of a trial, and, where children are involved, protects the relationship you will still need as co-parents.
- Divorce and family mediation
- Parenting plan mediation
- Structured sessions, in person or virtual
- Agreements made binding as settlements
Where there is violence, threats, stalking or harassment, you do not wait for a divorce or anything else to be protected. A court can grant an interim protection order urgently, without the other person present, and breaching it is a criminal offence with a warrant of arrest standing ready.
The firm assists with domestic violence protection orders for anyone in a domestic relationship, and with harassment orders where the harasser is a neighbour, colleague or stranger. These matters are handled with the urgency and discretion they demand. If you are in immediate danger, call the police first; the legal work follows.
- Urgent interim protection orders
- Final protection orders
- Harassment orders
- Handled with discretion and care
International Family Matters
Families cross borders; their legal problems come along. A parent who wants to travel or relocate overseas with a child needs the consent of everyone with guardianship, usually the other parent, or a court's permission. Maintenance from a parent living abroad can be claimed, but it takes court intervention. And a divorce where the spouses live in different countries has its own procedural traps.
The firm regularly handles international divorce, maintenance and contact matters, with consultations by MS Teams, Zoom or telephone for clients abroad.
- Consent for minors travelling or relocating abroad
- Overseas maintenance claims
- Cross-border divorce and contact matters
- Virtual consultations, any time zone