Areas of Practice
Family Law Attorneys Cape Town
Compassionate, expert family law representation for individuals and families across the Western Cape.
Family law matters are deeply personal and often emotionally charged. At VDH Attorneys we approach every family law matter with sensitivity, discretion and a genuine commitment to achieving outcomes that protect our clients and their children. Our attorneys have extensive experience across the full spectrum of family law, from divorce and maintenance to adoption and domestic violence.
What We Handle
The Children's Act 38 of 2005 fundamentally changed the landscape of South African family law by placing the best interests of the child at the centre of all decisions affecting children. Our attorneys are well-versed in the Act's provisions regarding parental responsibilities and rights, and we assist parents in reaching workable, child-focused arrangements.
Domestic violence is a serious issue that affects families across all communities. The Domestic Violence Act 116 of 1998 provides for protection orders that can be obtained urgently from the Magistrates' Court. We assist victims of domestic violence to obtain protection orders and, where necessary, to enforce them.
Ante-nuptial contracts (ANCs) are an important tool for protecting your assets before marriage. We advise couples on the different marital regimes available under South African law — in community of property, out of community of property with accrual, and out of community of property without accrual — and draft ANCs that reflect their intentions.
Frequently Asked Questions
What is a parenting plan?
A parenting plan is a written agreement between co-holders of parental responsibilities and rights that sets out how they will exercise those rights in relation to their children. It covers issues such as primary residence, contact, decision-making and financial support. A parenting plan can be made an order of court.
How do I get a protection order against an abusive partner?
You can apply for a protection order at your nearest Magistrates' Court. The application is made ex parte (without notice to the respondent) in the first instance, and an interim order can be granted on the same day. The matter is then set down for a return date at which the respondent can oppose the order.
What is an ante-nuptial contract?
An ante-nuptial contract (ANC) is a contract entered into before marriage that determines the matrimonial property regime that will apply to the marriage. Without an ANC, a marriage is automatically in community of property. An ANC must be registered at the Deeds Office before the marriage takes place.
Can maintenance orders be varied?
Yes. Either party can apply to the Maintenance Court for a variation of an existing maintenance order if there has been a material change in circumstances — for example, a change in the income of either party or a change in the needs of the child.