Family Lawyers & Attorneys

When both parties fail to agree upon certain terms pertaining to assets, investments and minors the resulting formation is an opposed divorce. On the other hand, if each party is agreeable and satisfied with their settlement, the basis of an unopposed divorce is reached.

Family trusts and wills serve core functionalities different to one another. Specifically, a will provides for the distribution of family-owned property by you at the time of your death in a specified manner selected. In contrast, a trust forms a legal agreement through which one entity (person, financial institution), called the trustee, is given the title to assets for the specified individual (beneficiary) until the aforementioned time.

Whilst you are able to secure the financial freedom of your family, a time will still come when your physical presence is not enough. At SKV Attorneys Inc. we assist in the drafting and registration of Family Trusts, we guide you through all of the technical and legal information thereby ensuring that your wealth is able to cater for your family long after your passing.

In conjunction with Trusts, it is important that your last Will and Testament is up to date. These two divisions of family law are perhaps the two divisions that do not receive enough attention. Your loved ones should be catered for adequately at all times, as this will be your last legacy to the family you have always loved and provided for. Contact one of our dedicated Attorneys today to ensure that your Last Will and Testament is up to date and that your Family Trust is structured in accordance with the latest provision.

Individuals commonly seek protection against abuse or harassment through the use of a protection order, also referred to as a restraining order or domestic violence interdict. We also handle all cases involving the breach of a specific protection order.Unfortunately, South Africa has one of the highest domestic violence rates in the world. It is therefore that the Domestic Violence Act was promulgated and was brought into life in 1998. In terms of this Act one can obtain protection under the Law should you have suffered at the hands of domestic abuse. These orders will specify the specific relief which you are entitled to and can include relief to the extent that the specific family member in question is not allowed to commit any act of domestic abuse or enlist the assistance of any other person to commit domestic abuse against yourself.

Your order can further provide assistance that the person in question is not allowed to make contact with yourself, be it in person or through email or through SMS communication. In certain circumstances, the Act further provides the necessary relief where the wrongdoer will not be allowed access the matrimonial home and will further not be allowed access to your place of work.

Under the domestic violence Act one can even apply to have your minor child listed as an applicant, should your child have suffered at the hands of domestic abuse. Our offices have dealt with these matters before and although it is most certainly horrifying to note the potential abuse that a minor can suffer, it is also our duty not just as an Attorney but as human beings to ensure that no child is to be subjected to any form of abuse. Our expert Attorneys view these matters as extremely urgent and will do all things necessary to ensure the safety of a minor child.

No person should be subjected to such emotional or physical turmoil. Contact our offices today and seek assistance should you be the victim of harassment.

Edictal citation refers to the situation whereby the spouse against whom the divorce is targeted lives in a foreign country. The plaintiff must submit what is referred to as an Edictal Citation application. Thereafter divorce proceedings may begin.

Three existing agreements:
1) Marriage In Community of Property. 2) Marriage Out of Community of Property without Accrual. 3) Marriage Out of Community of Property with Accrual.

In South Africa, every marriage is governed by three different matrimonial systems. If one did not elect to enter into an antenuptial agreement before your date of marriage, then by default the system which will govern your marriage is a marriage in community of property.

A marriage in community of property means that there will be one communal estate between yourself and your spouse. Any possible assets which one will own and any possible debts for which one will be liable, will form part of the communal estate. This further entails that a creditor can attach the whole communal estate notwithstanding which Party is in fact liable for payment to the respective creditor.

Given the times we currently live in, we at SKV Attorneys advise our Clients to rather consider a Antenuptial Agreement as oppose to the default system. Within the boundaries of an Antenuptial Agreement one is able to properly structure all eventualities within the marriage.

If our Clients are so inclined to enter into an Antenuptial Agreement before their date of marriage, then their marriage consortium will be dealt with outside of community of property and each Party will have their own respective estate. This curtails the scenario above where a creditor can attach the whole communal estate. Only the Party liable for his or her specific portion of the debt will be liable for payment thereof. In addition hereto, one can elect whether the accrual system must be applicable on your marriage, or not. The accrual system can either be included or expressly excluded. Our expert family law Attorneys will explain to yourself the intricate details on exactly how the accrual system will apply to your marriage, if so elected.

At SKV Attorneys we attend to all of the necessary as you should be focusing on the happiest day of your life. We will consult and draft your Antenuptial Agreement. We will then attend to have same registered on your behalf. We will then supply you with your duly registered Antenuptial Contract.

Child and spousal maintenance form the basis that an amount of money must be paid by an individual, who by law has an immediate obligation to give support on the basis specified by the agreement.

First and foremost, it is important to distinguish between maintenance payable in respect of your minor children and possible maintenance payable to your spouse. In respect of maintenance payable to your minor children, this is regulated in the Maintenance Act and is therefore legislation. In terms of the aforementioned legislation, each parent has a duty to maintain their child. The duty to maintain your child is dependent upon the needs of the minor child in addition to the income of each Party. From a simplistic point of view, a Party is to make the payment towards the needs of the minor child in proportion to their respective incomes. At SKV Attorneys Inc we can assist you in each and every aspect of maintenance payable to the minor child in order for same to be calculated correctly. This obligation is converted into a Maintenance Order which in turn is made an Order at Court. For more information on this topic please see the television interview of our Mr. Smith contained on our website.

For more information on this aspect, it is advisable that you visit our divorce page which will deal with spousal maintenance more in-depth.

Rule 43 refers to interim applications for custody and maintenance while the opposed divorce is pending. Specifically, as divorces tend to be timely processes and in the case that the spouse has no income stream, the law provides a solution thereof.

Various circumstances arise when dealing with the primary residence or contact methods with children, in the case of a divorce. Matters concerning the day-to-day care of a child, visitation privileges and co-holders of parental rights will be explored.

We have assisted numerous unmarried fathers in securing their parental rights and responsibilities in terms of the Children’s Act No 38 of 2005. As we understand that the relationship between yourself and your partner may have come to an end, this however does not entail that the minor child should not be allowed to share in a healthy parental relationship going forward. As with children, it is of the utmost importance that structure is created for a beneficial relationship in which the minor child is able to feel safe, comforted and loved. We can assist in securing a well drafted Parenting Plan with the necessary structure in place so that each Party to that agreement is properly informed of their exact rights and responsibilities towards the minor children. Once the parenting plan is signed by both Parties, the plan can then be registered at the Family Advocate’s Offices, alternatively can be made an Order of the High Court. Primary residence and contact towards minor children is dealt with expressly in the Parenting Plan. Therefore, there will be no uncertainty as to when each parent is entitled to spend time with the children. This entails sleep overs, Father’s Day, Mother’s Day, Birthdays, and the rotation of holidays between the respective Parties. Contact us today to set up your consultation today – secure a structured family environment for your minor children even though your relationship with your partner has ended.

Defaulting on maintenance payments is a serious offence and boasts a series of consequences thereof. Failing to comply with a court order, including the payment of maintenance towards a spouse or minor, places you in contempt of court. Various ramifications include possible prison sentence, garnishee order of an amount determined by the court and as well effects on the individual’s credit rating.