Family Law in South Africa
Approaching a law firm and selecting a divorce lawyer for assistance in obtaining or defending a divorce is hardly ever a pleasant experience, however at SDF Attorneys, our divorce attorney will ensure that the process is kept as short and as uncomplicated as possible, our aim being to secure our client the most favourable result possible without compromising our client’s integrity or financial position.
Our specialist divorce attorney will assist married couples who have both decided to seek a divorce and who are prepared to settle the matter amicably. SDF Attorneys will ensure that an appropriate settlement agreement is drafted and will bring the divorce to finality in a swift manner. There is a once off fee payable for this service, which will include the consultation, any drafting, serving and filing required and the court appearance to confirm the divorce as final
SDF Attorneys understand and appreciate that going through a divorce is a very difficult experience for most people. It is for this reason that we strive to carry as much of the burden as we can for our client whilst still maintaining constant contact with our client to ensure that our client is kept abreast of all developments. Our experienced divorce lawyers always aim to strike a balance between being stern and being fair with the opposition, and also a balance between securing our client their desired result and finalising the divorce as quickly as possible.
Access to Minor Children
During divorce or separation - It is unfortunate however quite common for a parent, during a divorce or separation, to be denied any access alternatively sufficient access to their minor child or children. SDF Attorneys and our professional divorce attorney endeavour to gain the client access to their child as quickly as possible, without compromising the divorce or separation.
Father of a child born out of wedlock – It is very common for the father of a child who is born out of wedlock to be told by the mother that he “has no rights”, despite the fact that he contributes to the child’s expenses or has been an active part of the child’s life since birth (or even before birth). This is most certainly not the case, since the amendments of The Children’s Act, and SDF Attorneys aim to secure such parents fair and reasonable access to their child as quickly as possible, to ensure that the father-child relationship is not unnecessarily and irrevocably damaged in the interim.
Mother of a child born out of wedlock – On the other hand, there are fathers who are unfortunately not equipped or ready to be a stable part of their child’s life, due to for example, alcohol or drug dependency, having no interest in the child’s life and well-being, a history of abuse etc. In these instances, SDF Attorneys and our trusted divorce lawyer will assist the mother of such a child to put a reasonable supervised access schedule into place or alternatively will assist in applying to have the father’s rights to the child removed altogether, depending on the specific circumstances of the case.
Mediation and Drafting of Settlement Agreements
and/or Parenting Plans
Many times, both parents of a child realise that the current access arrangement in either unfair or not stable enough and both parents are seeking an amicable and cost-effective solution to ensure that certainty and stability are put into place with regard to the child. In these instances, SDF Attorneys will meet with both parents and will act as a mediator, assisting the parents in finding a workable access programme that both parties are happy with. Once this agreement has been reached, SDF Attorneys will draft a comprehensive parenting plan, to be followed by both parents going forwards, encompassing all of the aspects agreed upon in the mediation sessions.
Our divorce attorney also facilitates mediation sessions for couples going through a divorce or separation who require assistance in agreeing to the various aspects of same, and will thereafter attend to placing all of these agreed points into a well-worded and detailed settlement agreement for both parties to sign and abide by.