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Family Lawyer Services

What is Family Law?

Family law in South Africa governs the legal relationships between individuals within the family structure. This area of law encompasses marriage, divorce, contact and care arrangements of children, maintenance, adoption, and more. Family law ensures that all family-related disputes or arrangements are handled within the legal context, with a focus on the best interests of children and the protection of individual rights within familial relationships.

What Does a Family Lawyer Do?

A family lawyer, or attorney, specialises in resolving legal issues involving family dynamics. They provide legal advice, draft documents, and represent clients in court for matters such as divorce, contact and care disputes relating to children, maintenance, adoption, and domestic violence. Their goal is to safeguard the interests of their clients while ensuring compliance with South African family law.

Family Law Services

At Goldman Schultz Attorneys, we offer a wide range of family law services in Durban and surrounding areas:

  • Interim Maintenance: This temporary financial support is provided during divorce proceedings to ensure that one spouse is not left without means before the divorce is finalised.
  • International Divorce: We handle divorce cases where one or both spouses live outside of South Africa, ensuring compliance with international law and proper jurisdiction.
  • Parental Rights: We guide parents through legal processes to establish or protect their rights in guardianship, custody, contact rights and decision-making regarding their children.
  • Parental Alienation: Our team addresses cases where one parent is unlawfully preventing the other from maintaining a relationship with their child, working towards resolutions in the child’s best interest.
  • Cohabitation & Living Together: We assist unmarried couples in drafting cohabitation agreements that protect their rights and financial interests during their relationship and in case of separation.
  • Children of Unmarried Parents: We help unmarried parents navigate the legal landscape to secure their parental rights, responsibilities, and access to their children.

  • Parental Rights & Responsibilities: Whether you are a biological parent or guardian, we ensure that your rights and duties towards your child are fully understood and upheld.
  • Contact and care arrangements (often referred to as custody and access): We assist with securing fair and balanced care, custody, and contact  arrangements for children in circumstances of married parents during and after divorce or separation as well as in circumstances of unmarried parents
  • Divorce & Its Financial Consequences: Our expert attorneys guide you through the financial implications of divorce, from property division to spousal and child maintenance.
  • Child Maintenance: We ensure that children’s financial needs are met through the proper calculation and enforcement of child maintenance agreements.
  • Spousal Maintenance: We assist in securing or defending against claims for spousal maintenance, ensuring fairness in terms of financial support post-divorce.
  • Domestic Violence & Abuse: Our team provides immediate legal assistance in cases of domestic violence, including obtaining protection orders to safeguard victims.
  • Ante-Nuptial Contracts: We consult on and draft ante-nuptial contracts to clearly outline the financial agreements between spouses in anticipation of marriage, ensuring that each party’s interests are protected.
  • Abduction: In cases of international child abduction, we act swiftly to secure the return of the child and enforce legal consequences for the offending party.

Why Choose Goldman Schultz Attorneys

Goldman Schultz Attorneys stands out for our commitment to client care and expert legal guidance in family law matters. With deep experience in handling complex family issues, Andrea Goldman is dedicated to resolving disputes with professionalism, empathy, and efficiency. Our Durban-based firm prioritises personalised service, ensuring that each client receives tailored legal advice and representation designed to protect their best interests. Whether you’re dealing with a divorce, child custody dispute, or any family-related matter, we are here to support you every step of the way.

Book a consultation today to discuss your family law needs with Andrea Goldman.

Andrea Goldman – Specialist Family Law Attorney

Andrea Goldman is a leading family law attorney at Goldman Schultz, specialising in divorce, child custody, and domestic violence cases.

With a reputation for being compassionate yet assertive, Andrea is committed to achieving the best possible outcomes for her clients. She has extensive experience in handling both straightforward, complex and high-conflict family law cases, offering expert advice and legal representation that’s tailored to each client’s unique situation.

Her focus on protecting children’s rights and securing fair settlements has made her a trusted name in Durban’s legal community.

Book Your Consultation Today

If you are facing a family law issue, don’t hesitate to seek expert legal advice. Book a consultation with Goldman Schultz Attorneys and let us help you confidently and clearly navigate your family law case. Whether you’re dealing with a divorce, custody battle, or maintenance dispute, we are here to provide the legal support you need.

Contact us today to speak with a family law expert at Goldman Schultz Attorneys. Let us guide you through your legal journey, providing compassionate and professional service in every case.

Family Law FAQs

What does a family lawyer do in South Africa?

A family lawyer handles legal matters such as divorce, child custody, child and spousal maintenance, adoption, domestic violence cases, and ante-nuptial contracts. They represent clients in court, mediate disputes, and provide legal advice on family-related issues to ensure compliance with South African law.

How much child maintenance should a father pay in South Africa?

Child maintenance is determined by the child’s needs and the financial capabilities of both parents. There’s no set amount, but it typically covers basic living expenses, education, healthcare, and clothing. Both parents’ financial means are considered when deciding the contribution.

How much does The Office of the Family Advocate cost?

In South Africa, services provided by the Family Advocate’s office are free of charge. The Family Advocate assists in disputes involving children’s care and contact, ensuring that their best interests are upheld.

At what age can a child refuse to see a parent in South Africa?

There is no specific age at which a child can legally refuse contact with a parent. However, once a child reaches an age and maturity in which they can express a reasonable preference (usually around 14), courts may consider their wishes, though the final decision will always be in the child’s best interests.

How do you check if someone is an advocate or attorney in South Africa?

You can verify an advocate’s credentials through the Legal Practice Council of South Africa. They maintain a public register of legal professionals, including advocates and attorneys, where you can confirm if someone is licensed to practice.

Can a father refuse to pay maintenance?

A father cannot legally refuse to pay maintenance if ordered by a court. Failure to pay child maintenance can result in legal action, such as garnishing wages or imprisonment. Child support is a legal obligation, regardless of access to or contact with a child.

Do I have to pay for a child I don’t see?

Yes, parents are required to pay child maintenance, even if they do not have contact or access to the child. Maintenance is the legal responsibility of both parents to ensure the child’s needs are met, regardless of the visitation arrangement. 

What is the most money child support can take?

There’s no fixed cap on child support payments. The amount is determined by the child’s needs and the respective parents’ financial situation. Courts strive for a fair contribution, ensuring the child’s best interests are prioritised without overburdening either parent.

Can a mother deny a father access to his child in South Africa?

A mother cannot deny a father access to his child unless a court has ruled that contact would be harmful to the child. In cases where access is denied without legal justification, the father can approach the court to enforce his parental rights.

What happens if my child doesn’t want to see her father?

If a child refuses to see their father, the situation should be addressed carefully, considering the child’s best interests. The court may appoint a family advocate, social worker or psychologist to investigate the child’s reasons and determine the best course of action. Ultimately, a court will decide what is best for the child.

How to win a child maintenance case?

To succeed in a child maintenance case, provide detailed financial information about the child’s needs and the parent’s income and means (including capital assets and debts). Courts assess the child’s best interests and aim for fairness, so providing evidence of expenses like school fees, healthcare, and living costs is essential.

Can a 12-year-old decide which parent to live with in South Africa?

A 12-year-old child’s preference may be considered in custody and primary care matters, but the court will always base its decision on the child’s best interests. The child’s age, maturity, and the reasons for their preference are all factors the court weighs in its ruling.

On what grounds can a mother lose custody in South Africa?

A mother may lose custody or primary care if the court is of the opinion that it is in the bests interests of the child to be cared for by the other parent or a third party.. Grounds may include neglect, abuse, substance abuse, or failure to provide a stable and safe environment. The court prioritises the child’s welfare when determining custody arrangements.

What makes a father unfit for custody in South Africa?

A father may be deemed unfit for contact with or custody of a child if he poses a danger to the child’s well-being, such as through abuse, neglect, substance abuse, or an inability to provide a stable home. Courts focus on the best interests of the child when determining custody.

Who has the most rights over a child?

Both parents have joint but not necessarily equal parental rights and responsibilities under South African law, provided they are capable of caring for the child. The law prioritises the child’s best interests, meaning both parents are responsible for the child’s upbringing, regardless of their marital status. How parental responsibilities and rights operate differ depending on the facts of a matter. Bear in mind that shared full parental responsibilities and rights may, in fact, be unequal but still joint.

Can I force my child to see his dad?

It is not advisable to force a child to see their father if they are resistant. Instead, it is important to investigate why the child feels this way and seek legal or therapeutic assistance to address the situation. The court may intervene if necessary to protect the child’s well-being.