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Free legal advice Cape Town – Family Law

ByOur Lawyer

Free legal advice Cape Town – Family Law

Free Legal Advice on Family Law and Related Topics

Legal services can be very expensive. However if you know how to move around the web, you can easily find free resources. If you are in search of family law related legal services and advice, you are at the right place.

We are a legal consultancy based in the Western Cape. Our services comprises of various family law and other legal fields. Should you require any family law legal advice or services, click on the various links on this website.

Our Family Law Clients

We firmly believe in family relations and the need to protect and enforce it when necessary. Therefore, proper workable legal advice must always be provided. This we strive to ensure. Although we are based in Cape Town, we offer legal advice and legal services to clients throughout South Africa. This we do as we believe in providing high quality legal services to everyone who requires it.

Free Family Law Resources

If you require any of the following free resources, feel free to order them.

  1. A Free Basic Will Tool Kit
  2. Free Shariah Will Template
  3. A Free Divorce Starter Tool Kit
  4. Free Child Maintenance Calculator
  5. A Free DIY Urgent Child Contact Toolkit
  6. Urgent Holiday Contact Toolkit

If you are in search of family law articles, view some of them below.

 Child Maintenance

  1. How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
  2. Child Maintenance Question. How much should I pay or contribute as a parent?
  3. Child Support or maintenance claims. Does an unemployed father pay?
  4. Non-compliance with Maintenance Orders — Civil and Criminal Remedies
  5. Tricks and tips on how to win your child maintenance case

Child Custody

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. How do I get full custody over my child?
  3. Parental Child Abuse in Custody Cases
  4. Relocate with minor child. Parent Refusing Consent for a Passport
  5. Father being refused contact to his child! What are his rights as a Father?
  6. Father’s Parental Responsibilities and Rights to his Child
  7. Urgent Access to your Children without a Lawyer
  8. Parenting Plans and the Law
  9. What happens in a custody dispute where one parent is mentally ill?
  10. How to win your child custody and access court case – Tips and Tricks

Divorce & Property

  1. How to Change your Matrimonial Property Regime
  2. Do your own Unopposed Divorce. No lawyers needed and its Free.
  3. Parental Rights of Divorced Muslim parents after a Talaq or Faskh
  4. Free Online Divorce Assistance Form – DIY Cape Town South Africa comprising of:

Domestic Violence

  1. I’m in a physically and emotionally abusive relationship. Help from Abuse.
  2. How to make a Domestic Violence Application

Frequently asked questions

Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is therefore no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can therefore stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Advocate of the High Court of South Africa

High Court Advocate Cape Town Western Cape

Or click here for the details of Cape Town Advocate, Muhammad Abduroaf or this advocate link to learn more.

Visit our child custody and maintenance site for additional information.

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Our Lawyer administrator

Legal Advisor for Our Lawyer (Pty) Ltd Call 0214243487 For appointments: https://www.ourlawyer.co.za/advice

31 comments so far

NatashaPosted on3:54 pm - Aug 26, 2017

Dear sir/madam

I wanted advice on a matter regarding a baby. I was dating a guy and had a one intimate moment with a long friend that we recently connected in Cape Town. The reason is now I don’t want to pretend and pass the baby to the wrong guy and therefore robbing the guy who can be actual father by my mistakes.Because the guy I was dating then during my pregnancy went started dating with my friend when I was in France and now staying together and ignoring my calls since then.

I asked the friend for tests when the baby wasn’t born, or he had insisted and after the baby was he said he doesn’t have money for the tests, even though I offered to help out.Now that his things are suddenly going fine, after I asked again that we do the tests, he threatens that if the child is his he will take the child away from me bacause he is bitter that I am not with him.The baby is 1 year 1 month now, and I have been the only one with my scholarship stipend maintaining the baby and now suddenly someone feels they can just take the baby away from me because of his bitterness.

Please help, what steps can I take, because if I had the means I would get the baby from and just get the tests done so that this guy can just get over himself and I can rest from worrying about what he can do next.

    Our LawyerPosted on5:00 pm - Sep 25, 2017

    Good day

    The matter is complicated as you do not know who the father is. But should you find out, the father can only take the child from you if he can prove it is in the child’s best interest. The court would make the final order.

Sharon JonesPosted on11:30 am - Feb 9, 2018

Dear Sir/Madam

I would like to know my rights as a married woman, who’s partner of 8 years and now husband beat me up 10 months into our marriage, left the next day after he realised what he has done with R200 and no means of getting to a hospital or clinic. He come back the a week later to apologise, but I told him to leave, the following 4 months I was verbally abused, left to get a job, as I was retrenched and had health problems ( serious back and neck pain), he moved on found himself another punching bag. He only paid my rent the first month bought me R500.00 of food. It is 7 months later and still now sign of support from him, besides the money for his outstanding accounts. Surely I have rights even if we are married with a contract. Surly there must be some law for to compensate for what he has done to me and put me through….PLEASE PLEASE HELP ME I am lost and feel that I have no right to the damage he has done to me mentally, financially and emotionally.

Fahiema AbrahamsPosted on3:58 pm - Mar 26, 2018

I need advice please. I have been in a 30 marriage we got divorced 4 years ago. We were married in Muslim rights only. I have been trying for some kind of settlement. I was a stay at home mom. He owns various properties, its all now he’s. I’ve tried legal aid, law society even had an attorney I had a little saving which I spent on an attorney hoping he will be able to help. He mentioned that case would have to go to high court and I wouldn’t be able to afford it. All I want is something to sustain myself, its hard to find a job at 53years of age. Please give me some positive advice. Please.

    Our LawyerPosted on6:00 pm - Mar 26, 2018

    Good day

    We would presume your attorney advised you of your rights after he or she consulted with you. He or she would have advised you if you had a case or not. Unfortunately, you would need a court order to give you what you want. We suggest you to to find an attorney to do the case for you probono.

NerveWreckedPosted on10:15 pm - May 17, 2018

Can I tell my toddlers father that I don’t want her to sleep over if they smoke in the house when she is there? I feel that smoking around children is dangerous to their health. I will let her sleep over, I’m just not happy that they smoke in the house.

    Our LawyerPosted on2:20 pm - May 18, 2018

    You must do what is best for your kids. Act in their best interest. How it unfolds is another issue. We advise that you ask a lawyer to write a letter to him regarding the issue.

RasheedPosted on8:53 pm - Jun 23, 2018

Hi. My muslim daughter has a baby from a non-muslim boy. He and his lawyer has asked for visitation and maintenence rights. We do not want anything to do with the father as we will support the baby and want him to grow up in a muslim home. What can we do.Please keep anonymous.
.

Rashieda LouwPosted on2:43 pm - Jul 31, 2018

Good day

Can you please give me advise last year i was in a car accident i have no car insurance nothing .
On friday i received a letter where the insurance of the other car that they are claiming against me for R90 000.00 that i need to pay in ten days time i want know aren’t they supposed to claim the access fee and not the whole damage amount .

NonhlanhlaPosted on5:33 pm - Sep 11, 2018

Good day

I am currently going through a divorce. There is a pre trial hearing tomorrow which I had agreed to attend, and yet my husband’s lawyer has gone to court to get a court order forcing me to comply and attend tomorrow, and I am liable for the costs. I would like to know if I am indeed liable for the costs because I had already indicated I would be attending and there was therefore no need to have to “force” me to comply?

    Our LawyerPosted on10:37 am - Sep 12, 2018

    Good day

    The Judge decides on the issue of costs. Put your case forward and then the judge will see if it was necessary to compel you to attend.

NhlanhlaPosted on11:18 am - Sep 12, 2018

Thank you for your feedback. I did, however only find out after she had gone to court, when I questioned her about her actions she said she had no duty to inform me of this action.

AmorettePosted on3:59 pm - Sep 19, 2018

A year ago my daughter fell pregnant, she informed the boyfriend at the time – he retreated and passed on accusations beyond our comprehension, claiming he is not the father and wants nothing to do with her.
He and his mother kept on saying that he could not be the father and will not take any responsibility until they have proof this is his child. At the time we had no problems with him wanting confirmation that he is the father. The situation calmed down and at times he wanted to be part of the baby and times he wanted nothing to do with them.
He started doing weird stuff, like hacking the family’s FB, creating new FB accounts in her name posting the most horrific things so with all this slandering and threats, we were forced to obtain an interdict against him to ensure my daughter’s safety and mental health during her pregnancy as she wanted to keep the baby with my full support.

The baby boy was born in March and is being taken care off by the best mother I have seen in years (not because she is my daughter because she is a good mother). In the meantime she met someone else who supported her through the pregnancy and wanted to be part of their lives whether he was the biological father or not, so when it came to registering the baby he put his name on the birth certificate and gave the baby his name as a second name.

A week ago she received a supine to appear in court on the 10th of October 2018, as he wishes to have DNA tests done (again,, accompanied with an affidavit filled with lies)

* Can she refuse the DNA test, based on the Interdict against him. (his mother asked me back then to withdraw the case as they are fully aware he is mentally unstable and that he would have been sent away)
*if the DNA is ordered by the courts – will the birth certificate have to be changed
*Once he finds out he is the father (like we said) will he have rights to the child (having confirmation from his mother that he had a problem)
*Does he have the right to ask for a DNA test even if he was not on the birth certificate and or part of the pregnancy and birth period.

I live abroad, but if need be I will make telephonic contact with any of you if this mean you can assist and advise.

Thank You
Concerned Mother

    Our LawyerPosted on7:10 pm - Sep 19, 2018

    Good day
    The issues raised are not that simple to answer in this blog. It all runs along the lines as what is best for the child. Obviously, the birth certificate is incorrect and needs to be changed. The court can order the paternity test if it believes it is in the child’s best interests irrespective of the interdict. And if it comes out positive, the father would have a right to fight to enforce his rights. this includes the changing of the birth certificate. We advise, that you set up a telephonic consultation with us to discuss these issues. Consider making use of http://www.ourlawyer.co.za/advice

WernerPosted on3:58 pm - Sep 20, 2018

Good day
I am relocating to South-East Asia and will have a lower paying job there, so I will not be able to afford to pay the same maintenance moneys every month. How would I notify the magistrates court in RSA about my change in circumstance without having to go to the court in person? If I earn less money abroad then would I have any trouble with the law if I pay less maintenance? Appreciate your advice.

    Our LawyerPosted on7:10 pm - Sep 20, 2018

    Good day
    The maintenance order in South Africa would stand. You would need to make an application for a variation thereof. We advise you to approach the maintenance court ASAP to discuss your situation and advise on what you need to do under your situation to avoid having future issues with the law.

WernerPosted on9:13 am - Sep 21, 2018

Hi there,

Since I’ll be out of the country, can the variation be applied for while I’m abroad and with you as my legal representation in SA? And what documents would you need from me such as my payslip from abroad, bank statements, etc to proof my new income?

Kindly advise.

Thanks.

    Our LawyerPosted on2:33 pm - Sep 21, 2018

    Good day
    You would have to contact the maintenance court and find out what the procedures are in your situation. You need to do it before you leave SA.

CazPosted on4:44 pm - Nov 25, 2018

Good day

I am divorced for 3 years and with my ex wife conceived another child. I have two kids with her and pay their medical aid and maintenance. I would love to spend more time with my kids but she refuses stating only at her house. Please advise on how i can get this matter resolved as i need to spend time with my kids but not at their mothers house.

Thanx

    Our LawyerPosted on5:01 pm - Nov 26, 2018

    Good day

    We advise you approach the Children’s Court for assistance. They would look into the matter and make an order regarding contact.

robertPosted on2:15 pm - Nov 30, 2018

Hi
I have a child with my ex I am remarried now for 4 years I have been working on and off but have not had a permanent job until now for the pass 4 years. (on and off meaning worked private job and casual jobs as I could), My wife I have now been very patient and supportive and been keeping the house running when there were times that I just didn’t work and brought nothing home financially , my ex gave me on for non support, 2016 I worked for a company for not even a full 3 months, so now I appeared in court as they want to know why I didn’t pay child support even thou I have explained,they want to me to plea, Last week I appeared again and this legal aid laywer that was given to me wanted them to lock me up ???? REALLY I explained to them that I am permanent now at this company, I made this month the 2nd payment of R1200, The first month payment was R1500 to my ex and now the 2nd month 1200, because I have made arrangement that the payment should be R1200 a month?

I am in arrears with child support that is why I am paying more than the initial amount. I have explained to them if they lock me up my ex will get nothing, i am working now and I am paying, and she is getting her money.

I need to appear in court again the 11 December 2018, This legal aid laywer is of no help to me.

What can I do please assist ?

As I said if they lock me up , who is going to pay her she will sit with nothing so to who’s benefit will that be?

Please assist ?

BronwynPosted on11:20 am - Dec 3, 2018

Hi I am divorced for just over 7 years now, I have a divorce decree that gives my kids father an amount that needed to be paid as of 3 December 2010 up until today he still hasn’t been able to pay the full amount due for the month he pays short on his maintenance every month. Our increase is on 1 December every year and this year he refuses to pay the increase told me to go to court and see if I will get an increase. He also refuses to pay half of schooling, uniform and medical aid. Is there anything that I can do to get my arrears for the 8 years as well as my increase?

charmainePosted on9:20 am - Dec 7, 2018

Good morning

I have a friend that has been married for about 4 years now with a daughter that is about 3 , he is a very good father . him and his wife life on the premises of her parents ,but he paid for the building of there granny flat at the back of the house , his wife and her mom are very close and now including her father are all ganging up on him and don’t talk to him , he has no idea why this is happerning when he asks his wife what is wrong she says she is not happy and says he is also not happy he does not want to get divorced and is worried about his daughter as he is the one that does most for her . they are all giving him the silent treatment and even telling him the lights must be out at a certain time so he can not iron his work cloths there any more , she even told him if he wants to leave and divorce her that is ok , yesterday he came home and saw they were in his cupboard and saw they had looked through his pension papers and so on . she is getting advice from her uncle that is a lawyer and he has no one to help him . now it looks like she does not want him to be with his child, it is breaking his heart as he after the birth of the child she had post depression and he took over and looked after the child like a mother and father should and he even takes the child to day care every morning , she is his world and now they want him to leave . please give me some advice is there a place in Bellville or cape town he can go see someone , that is not too expensive as he really does not have the money ,

    Our LawyerPosted on6:06 pm - Dec 8, 2018

    Good day
    We advise that he visit the Children’s Court for some advice, or maybe the office of the Family Advocate. That would be at no charge. Otherwise, when can try the net for affordable legal advice, from an attorney or advocate.

M joostePosted on9:12 am - Dec 13, 2018

Good day

My husband was in court for child maintenance and had to sign a agreement under duress as the lawyers said if he did not come to an agreement with them. They would arrest him on the spot. We can’t afford the monthly payment. He too our income and expenses breakdown with, but it was ignored. The lawyers just asked how muchthe mother want and the agreement was according to that. We want to pay but less than he was forced to agree to. What can we do?

    Our LawyerPosted on3:06 pm - Dec 13, 2018

    Good day
    Your husband should make an application for a reduction in Child Maintenance at the Maintenance Court where the mother and child reside. It is most probably the same court which granted the Order.

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