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Family Law Attorneys

At SKV Attorneys, we have a dedicated team of experienced attorneys with a core focus on family law. We are committed to providing practical, empathetic, and child-centred legal advice, tailored to the unique circumstances of each family.”

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Our Family Law Expertise

We offer expert family law services, covering divorce, child custody, antenuptial contracts, protection orders, and more, providing compassionate and effective solutions tailored to your unique family needs.

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.

Involved in a family dispute? We offer expert, compassionate legal support to help you navigate complex family matters with confidence. Serving Johannesburg, Bryanston, Sandton, Randburg, Roodepoort, Krugersdorp, Pretoria and the greater Gauteng region.  Our Stellenbosch branch is there to assist individuals in the Western Cape.

Family Law Attorneys

Protecting What Matters Most

We understand that family law matters are often emotionally charged and deeply personal. Our approach is measured, strategic, and solution-driven, with a focus on protecting family relationships where possible and promoting the best interests of minor children at all times.

Each of these areas is closely connected. Disputes often begin with communication breakdowns, escalate into litigation, and may ultimately require court intervention or protective relief. Our approach is to guide clients through these processes in a structured and strategic manner, always with an eye on long-term stability—particularly where children are involved.

At SKV Attorneys, we help families resolve disputes through constructive mediation, keeping litigation as a last resort. Mediation allows parents to maintain control, reach practical agreements, and protect children’s relationships and stability. We guide clients with sensitivity, ensuring outcomes are legally sound and in the best interests of the child.

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SKV Attorneys helps families create clear, practical parenting plans and parental responsibilities agreements. These agreements provide structure for care, contact, and decision-making, offering consistency and reducing conflict. Whether for parents or other significant caregivers, our goal is to ensure arrangements are child-focused, realistic, and adaptable to changing circumstances.

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SKV Attorneys guides clients through Children’s Court proceedings with care and strategic insight. We ensure applications are properly prepared and presented to achieve favourable outcomes while avoiding common pitfalls.

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SKV Attorneys guides clients through maintenance matters with clarity, sensitivity, and practical advice. We assist in preparing applications, navigating Section 6 and Section 10 inquiries, and ensuring compliance with maintenance orders. Where necessary, we pursue enforcement measures or civil contempt proceedings to protect the wellbeing of minor children.

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SKV Attorneys assists families with the legal requirements for international travel or emigration with minor children. Where parental consent cannot be obtained, we guide clients through court applications, prioritising the child’s best interests and ensuring urgent matters are handled appropriately.

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SKV Attorneys provides empathetic and expert guidance to protect clients from domestic violence and harassment. We assist with applications under the Domestic Violence Act and Protection from Harassment Act, ensuring cases are properly prepared to maximise the chances of obtaining effective protection orders.

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Legal Support in Times of Crisis

HARASSMENT & DOMESTIC VIOLENCE

South Africa faces alarmingly high levels of gender-based and other forms of domestic violence. At SKV Attorneys, we are committed to protecting those affected by domestic violence and harassment with empathy, sensitivity, and expert legal guidance.

Two primary pieces of legislation govern these matters: the Domestic Violence Act and the Protection from Harassment Act. While both Acts provide for interim and final protection orders, they apply in different circumstances.

Clarity and Structure for Co-Parenting

PARENTING PLANS & PARENTAL RESPONSIBILITIES AND RIGHTS AGREEMENTS

Where mediation is successful — or where parties are already in agreement — SKV Attorneys assists clients in drafting comprehensive, practical parenting plans and parental responsibilities and rights agreements.

A parenting plan serves as a structured framework for co-parenting. It provides guidance during periods of disagreement, reduces uncertainty, and offers consistency for both parents and children.

A properly drafted parenting plan may address:

  • Care and contact arrangements
  • Decision-making responsibilities
  • Schooling, holidays, and special occasions
  • Communication between parents
  • Mechanisms for resolving future disputes

A parental responsibilities and rights agreement is similar in purpose and structure but applies in circumstances where one or more of the parties are not the child’s parents, as contemplated in the Children’s Act.

Such agreements may involve individuals who play a significant role in a child’s life, including:

  • Grandparents
  • Aunts or uncles
  • Adult siblings
  • Other caregivers or family members

These agreements provide clarity, structure, and legal certainty regarding how care, contact, and decision-making responsibilities will be exercised in a manner that serves the best interests of the child.

Our goal is to assist clients in establishing parenting arrangements that are:

  • Child-focused
  • Realistic and workable
  • Adaptable to changing circumstances

Let SKV Attorneys Assist You

With a fantastic team of 12 members and combined having handled over 3000 cases, we have earned the trust of our existing client base.

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Guiding You Through Maintenance Matters

MAINTENANCE

SKV Attorneys has extensive experience in maintenance matters and proceedings in the Maintenance Court. We understand that maintenance disputes can be emotionally taxing and often require detailed disclosure of personal and financial information.

Our attorneys guide clients through each stage of the maintenance process with clarity, sensitivity, and practical advice, ensuring that you understand what is required of you at every step.

The Maintenance Application Process

Preparation Phase

This phase involves the preparation of the maintenance application and the gathering of all relevant financial information and supporting documentation. Proper preparation is essential to ensure that the claim is accurately presented and properly motivated.

Section 6 Inquiry

The Section 6 inquiry takes place before a maintenance officer. During this process, parties are required to exchange financial documentation, and the maintenance officer will explore the possibility of the parties reaching agreement.

Section 10 Inquiry

If agreement cannot be reached, the matter proceeds to a Section 10 inquiry. This is a formal hearing before a magistrate, during which evidence is led, and a maintenance order is determined.

Enforcement of Maintenance Orders

Where a party fails to comply with a maintenance order, we assist clients with enforcement measures in terms of sections 26 to 30 of the Maintenance Act, including:

  • Emoluments attachment (garnishee) orders
  • Warrants of execution
  • Attachment of pension benefits

Civil Contempt Proceedings

In cases of persistent non-compliance, we are experienced in pursuing civil contempt proceedings in the High Court to compel compliance with maintenance orders. While a measure of last resort, it can be necessary to protect the wellbeing of minor children.

Protecting Children’s Interests Abroad

EMIGRATION & INTERNATIONAL TRAVEL WITH MINOR CHILDREN

Emigrating or travelling internationally with minor children can be a complex and emotionally charged process. In terms of the Births and Deaths Registration Act 51 of 1992 and the Children’s Act 38 of 2005, the written consent of the other parent or co-holder of parental responsibilities and rights is required for international travel with a minor child.

This requirement does not apply to travel within the borders of the Republic of South Africa.

Where parents or co-holders are unable to reach consensus, a court application is required to substitute the consent of the non-consenting party. In such matters, the court’s paramount consideration is the best interests of the minor child.

Urgency is often a key factor. Early legal intervention is essential to properly establish urgency where required and to avoid the risk of self-created urgency.

Strategic Support for Children’s Cases

CHILDREN’S COURT

The Children’s Court is a statutory forum created in terms of the Children’s Act 38 of 2005, designed to make the court system more accessible to the public. While procedures are less formal than those of higher courts, the discretion afforded to Magistrates is wide.

Applications that are not properly prepared or presented can result in unintended and far-reaching consequences. A clear understanding of the Children’s Court process is therefore essential to achieving favourable outcomes and avoiding common pitfalls.

Our attorneys assist clients in navigating Children’s Court proceedings with care, precision, and strategic insight.

Keeping Families in Control of Decisions

MEDIATION

At SKV Attorneys, we believe that families — and particularly minor children — are best served where disputes can be resolved by agreement, with litigation reserved as a last resort.

Family law disputes are rarely straightforward, and there is no “one size fits all” solution. Mediation allows parties to engage constructively, retain control over decision-making, and reach practical outcomes tailored to their specific family dynamics.

Where mediation is appropriate, we assist families in exploring mutually agreeable solutions that minimise conflict, reserve parental relationships where possible and promote stability and continuity for children.

We guide clients through the mediation process with sensitivity and clarity, while ensuring that any agreement reached is legally sound, enforceable, and aligned with the best interests of the child.

Understanding the Court Process → Navigating the Legal Process

Domestic Violence Act

The Domestic Violence Act applies where there is or was a domestic relationship between the parties, including marriages, intimate relationships, family relationships, shared households, or relationships of care or dependency.

A Domestic Violence Court may grant orders including:

  • Prohibiting acts of domestic violence
  • Prohibiting contact of any form
  • Excluding a respondent from a shared residence
  • Seizing firearms or dangerous weapons
  • Regulating contact with minor children
  • Granting emergency monetary relief

Protection from Harassment Act

The Protection from Harassment Act applies where no domestic relationship exists, including harassment by neighbours, colleagues, acquaintances, or strangers.

A Harassment Court may grant orders including:

  • Prohibiting harassment and contact
  • Restricting proximity to the applicant
  • Directing service providers to disclose identifying information

Understanding the Court Process

Applications under either Act are placed before a Magistrate in chambers, who may grant an interim protection order, issue a notice to show cause, or dismiss the application. Interim and final orders only become effective once properly served by the Sheriff or SAPS.

After the issuing of these orders/notices, a date is provided for the parties to attend court and for the Respondent to give reasons why the order should not be granted and/or made final. This process can be traumatic and confusing for unrepresented litigants going through some of the worst experiences of their lives.

Proper legal guidance is essential to ensure the highest possibility of a favourable outcome as final protection orders are notoriously difficult to obtain. Selecting the correct court and presenting a well-prepared founding affidavit supported by evidence is often decisive in the success of an application.

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.

Family Law Attorneys

Family Law Attorneys On Your Side

With a dedicated family law attorney by your side, we provide strong legal support in navigating sensitive matters like divorce, custody, and protection orders, always prioritizing your family’s best interests.