An Antenuptial contract is entered into when a couple chooses to exclude the systems of community of property from their marriage. It is a written agreement entered into before marriage or a civil union ensuring that each spouse retains their separate property and financial identity. An antenuptial agreement might be a good consideration for someone that already has assets such as a house or shares in a business or maintenance obligations towards children from a previous marriage.

Customary marriage is the legal recognition of an indigenous African way of marriage and a form of traditional union recognised and respected by customary law. Customary law in South Africa is governed by the Recognition of Customary Marriages Act 120 of 1998, which stipulates that customary marriages must be registered and regulates the rights of all parties involved in the marriage during the marriage, divorce, or dissolution.

Divorce is the legal process by which a civil marriage, a customary marriage, civil union or marriage concluded in terms of religious rights is dissolved by a court of law. PM Inc. Attorneys assists both plaintiffs and defendants with the drafting and/or defending of divorce summons and handling of the entire divorce proceedings, negotiating settlement agreements, drafting of parenting plans in both the High Courts and the Regional Courts.

Due to divorce’s complex and difficult nature and emotional and financial challenging nature, it is always strongly advised to seek the legal advice and assistance of an experienced divorce lawyer with the necessary family law experience. PM Inc. Attorneys assists clients in matters where parties cannot find amicable solutions, where substantial assets, retirement annuities or pension funds, as well as children, are involved.

Uncontested divorces offer parties involved the opportunity to part ways in a dignified, quiet manner without spending large sums of money on litigation. It is still, however, advisable to consult with an attorney to assist in preparing the necessary legal documents to initiate and finalise the divorce: these include the petition for divorce, financial affidavits disclosing each spouse’s assets, settlement agreements, parenting plans, and more.

Parties involved in divorce proceedings or who intend to file for divorce can apply for interim relief pending the finalization of the divorce. Applications are brought in the High Court in terms of Uniform Rule 43 and, alternatively, in terms of Rule 58 of the Magistrates Court. Rule 43 orders, once granted, cannot be appealed. Applicants are encouraged to seek sound legal advice from experienced attorneys when applying to avoid any pitfalls.

Parenting plans outline the rules of engagement between parents with regards to the care of their children during a separation and or divorce. The co-parenting written agreements must be drawn up to serve the “best interest” of the children in accordance with the South African Children’s Act 38 of 2005. Both parents negotiate and agree on terms with the assistance of an experienced family lawyer,  which agreement is then registered at the Children’s Court or Family Advocate’s Office.

As a victim and or survivor of domestic violence, there are several civil and criminal protection/restraining orders available in South African Law by which you can protect yourself. Protection orders allow a victim to put a stop to future abuse and have the abuser arrested if an order is violated. Emergency orders, protection, and restraining orders can be issued for protection. It is vitally important to seek legal advice when confronted with domestic abuse.