Family law, also called matrimonial law, covers things like marriage and civil unions, divorce and annulment, child custody and what's best for the child, child abuse and domestic violence, and maintenance.

| Francois Pauw is a family law specialist and has extensive experience in dealing with family and matrimonial matters.

Navigating Family Law in South Africa with Compassion and Expertise

At Pauw Attorneys, we understand that family law matters are deeply personal and often arise during challenging and emotionally charged times.

Whether you are contemplating marriage, facing the dissolution of a relationship, or need to secure the best interests of your children, our dedicated family law specialist, Francois Pauw, is here to provide you with expert legal guidance and compassionate support.

Family law, also known as matrimonial law, is a broad area of legal practice that governs the rights and responsibilities of individuals within family relationships. This includes, but is not limited to:

• Marriage, civil unions, and cohabitation agreements
• Divorce and annulment proceedings
• The division of assets and financial settlements
• Spousal and child maintenance
• Parental responsibilities and rights, including care (custody) and contact (access)
• The drafting and implementation of parenting plans
• Guardianship matters
• The rights of fathers of children born out of wedlock
• Domestic violence and protection orders
• Mediation and alternative dispute resolution

Our approach is to seek amicable and cost-effective solutions wherever possible, while vigorously protecting your rights and interests when litigation is necessary.

Our Comprehensive Family Law Services:

Divorce and Separation

The decision to end a marriage is never easy. We provide sensitive and practical legal advice to guide you through the complexities of both contested and uncontested divorces.

Our services include:

• Instituting or defending divorce proceedings: We will ensure all legal documents are correctly drafted and filed, and that your rights are protected throughout the process.
• Division of assets: We will assist in the fair and equitable division of matrimonial property, including pensions, investments, and immovable property, in accordance with your marital regime.
• Spousal Maintenance: We will advise on your rights or obligations regarding spousal maintenance, ensuring a fair outcome based on the respective needs and means of each party.
• Rule 43 Applications for Interim Relief: If you require urgent financial support or an interim decision on child contact and care while your divorce is pending, we can assist with a Rule 43 application in the High Court. This provides a swift, interim solution to ensure stability for you and your children during the divorce process.

Mediation: A Path to Amicable Resolutions

We strongly advocate for mediation as a constructive and cost-effective alternative to litigation. As experienced mediators, we facilitate productive discussions in all aspects of family law, helping you to reach mutually agreeable solutions.

• Divorce and Separation Mediation: We guide you in negotiating the terms of your separation, including the division of assets and maintenance, culminating in a settlement agreement that can be made an order of the court.
• Parenting Plan Mediation: We assist parents in developing comprehensive and practical parenting plans that prioritise the best interests of the children, covering all aspects of their care, contact, and upbringing.

Protecting the Best Interests of Children

Children are the most vulnerable parties in any family law dispute. Our primary focus is always on securing their well-being and ensuring their rights are upheld.

• Parenting Plans: The Children's Act 38 of 2005 encourages parents to enter into a formal parenting plan. We have extensive experience in drafting and registering these plans, which detail the responsibilities and rights of each parent, including where the child will live, contact arrangements, and how major decisions will be made. A well-drafted parenting plan provides clarity and reduces future conflict.
• Parental Responsibilities and Rights: We assist clients in understanding and asserting their parental responsibilities and rights, which include care, contact, guardianship, and maintenance.
• Rights of Fathers of Children Born Out of Wedlock: In South Africa, unmarried fathers have specific rights and responsibilities. We can provide clear guidance on how to acquire and exercise full parental rights, ensuring you play a meaningful role in your child's life.
• Relocation Applications: If you wish to relocate with your children, either within South Africa or internationally, you will require the other parent's consent or a court order. We can assist you with this complex legal process.

Maintenance (Spousal and Child)

Every child has a right to financial support from both parents, and a spouse may have a claim for maintenance upon divorce.

• Calculating and Claiming Maintenance: We provide expert assistance in determining the reasonable maintenance needs of a child or spouse and will guide you through the process of lodging a claim at the Maintenance Court.
• Enforcement of Maintenance Orders: If a party fails to comply with a maintenance order, we can assist with the necessary legal steps to enforce payment, including garnishee orders against their salary.
• Variation of Maintenance Orders: We can also assist in applying for a variation (increase or decrease) of an existing maintenance order should there be a material change in circumstances.

Consult With Us

Navigating family law matters requires not only legal expertise but also a supportive and understanding legal partner. Whether you prefer an online consultation for your convenience or a personal meeting at our offices, we are here to help.

Contact us today to schedule a confidential consultation with our family law specialist. Let us help you find the best way forward for you and your family.

Consult Online or In Person

Consult with a Family Law and Divorce Law Lawyer online or in person.

We are here to help you with care a compassion.