Family Law
Family law is an area of law regulating, overseeing, and managing domestic relationships. This field is dynamic and ever-changing. The field also requires sensitivity and insight into the interface between law and sensitive and complex family patterns. These aspects could include:
- Pre-marital legal advice. It is extremely important that couples know the legal ramifications of the selected matrimonial regime. A big issue facing couples now are so-called “global” couples, where partners come from different countries and jurisdictions. This may have important consequences if a dispute arises, as to which legal system applies.
- Co-habitation arrangements. Many couples assume that living together will be less complex than getting married. This is not true. Co-habitation exposes a couple to considerable risk, if individuals do not consider the legal setting applicable, should a dispute arise.
- Children’s disputes. Sensitivity should apply when working with children in a court setting. Children are often the ones who suffer the most in marital discord settings. Children have their own right to be protected in terms of the South African Constitution and have a piece of legislation overseeing their best interests. Children’s matters can include the appointment of forensic social workers to investigate the best interests of the child or an appointed curator ad litem to represent the child’s interests. A rapidly developing area of the law regarding children is the area pertaining to parental alienation. Parental alienation is where one or both parents alienate the affection of the child towards the other parent. This can include bad-mouthing the other parent, preventing, and obstructing contact and “grilling” the child regarding the other parent’s activities. This is extremely damaging for a child.
- Divorce. A divorce has important status and financial consequences for a couple. One needs to consider a variety of aspects including inter alia the marital regime, the need if any for interim relief such as maintenance and contact, any application of foreign law, the needs of children and practical consequences pending and after a divorce.
Family law requires a practical, conciliatory approach which puts the best interests at the very forefront.
