FREQUENTLY ASKED QUESTIONS
The following addresses common questions relating to family law matters.
The information provided is general in nature and does not constitute legal advice.
Legal advice is provided following a paid consultation and subject to a conflict check and formal engagement.
Divorce & Separation
Separation and divorce are often spoken about as though they are the same. Legally, they are not.
Separation occurs when spouses begin living apart and discontinue their marital relationship, but remain legally married. It may be informal, or it may involve structured arrangements relating to finances, maintenance, or parenting. For some, separation is temporary. For others, it is the first step toward permanently dissolving the marriage.
Divorce, by contrast, is the formal legal termination of the marriage by order of court. It brings finality to the marital relationship and regulates the division of assets, maintenance (where applicable), and arrangements concerning children. Once granted, the parties are no longer legally married.
Not every separation results in divorce. However, where reconciliation is no longer possible, divorce provides legal certainty and closure. Careful legal guidance during either stage ensures that rights are protected and that decisions made in the early stages do not create unintended consequences later.
Divorce: Contested vs Uncontested
Uncontested Divorce
An uncontested divorce arises where the parties reach agreement on:
division of assets
maintenance (if applicable)
arrangements relating to children
These matters are typically resolved efficiently and with minimal court involvement.
Contested Divorce
A contested divorce occurs where disputes remain unresolved and judicial determination is required. These matters often involve:
complex financial issues
disputes relating to children
high-conflict dynamics
LLS Law represents clients in contested proceedings with a strategic, measured approach focused on resolution where possible and firm litigation where necessary.
How long does a divorce take in South Africa?
The duration depends on whether the matter is contested or uncontested. Uncontested divorces may be finalised relatively quickly, while contested divorces can take significantly longer depending on complexity, court availability, and the conduct of the parties.
Can we divorce without going to court?
While the divorce itself is granted by a court, many matters are resolved through negotiation or settlement prior to the hearing. Where agreement is reached, court involvement is limited and largely procedural.
Children & Parenting Matters
What is a parenting plan?
A parenting plan is a written agreement regulating parental responsibilities and rights in respect of a child, including care, contact, decision-making, and communication between parents.
Is a parenting plan legally binding?
A parenting plan may be made an order of court, which renders it legally binding and enforceable. The best interests of the child remain paramount at all times.
What happens in high-conflict co-parenting matters?
High-conflict matters often require structured intervention, clear boundaries, and firm legal oversight. Each matter is assessed on its own facts, with a focus on protecting children from ongoing conflict.
Children’s Interests
In all matters involving children, the best interests of the child are paramount.
Parenting arrangements, care, and contact are assessed within a legal framework that prioritises stability, protection, and the child’s well-being.
Marriage & Property Regimes
What is an antenuptial contract (ANC)?
An antenuptial contract is a legal agreement entered into before marriage that determines the marital property regime applicable to the marriage.
What is the difference between accrual and non-accrual?
An accrual system allows spouses to share in the growth of their respective estates during the marriage, while a non-accrual system keeps estates entirely separate. Each option carries distinct legal and financial implications.
Can an ANC be changed after marriage?
In limited circumstances, a marital property regime may be altered by court application. This process is regulated and subject to strict legal requirements.
MARRIAGE, PROPERTY REGIMES & DIVORCE
Marriage and divorce carry significant legal, financial, and personal consequences.
Understanding the legal framework governing your relationship is essential — particularly when navigating separation or divorce.
LLS Law assists clients across the full spectrum of family law matters, from preventative legal planning to complex litigation.
Marriage & Property Regimes
South African law recognises three primary marital property regimes:
In Community of Property
This regime results in a joint estate shared equally between spouses. Both parties share assets and liabilities accrued before and during the marriage.
Out of Community of Property with Accrual
Each spouse retains a separate estate, but shares in the growth of the other’s estate during the marriage, subject to the accrual calculation upon divorce or death.
Out of Community of Property without Accrual
Spouses maintain completely separate estates throughout the marriage, with no sharing of assets or growth.
An antenuptial contract governs marriages out of community of property and must be executed before marriage.
Antenuptial Contracts (ANCs)
An antenuptial contract is not merely a formality — it is a foundational legal document with long-term consequences.
Proper drafting ensures:
clarity and certainty
asset protection
reduced risk of future disputes
LLS Law advises on the legal implications of different marital regimes and the suitability of each based on individual circumstances.
Children’s Interests
In all matters involving children, the best interests of the child are paramount.
Parenting arrangements, care, and contact are assessed within a legal framework that prioritises stability, protection, and the child’s well-being.
Consultations & Fees
Are consultations paid?
Yes. Consultations are charged and payable in advance. This ensures focused, professional engagement and allows for proper consideration of your matter.
Does submitting an enquiry create an attorney-client relationship?
No. An attorney-client relationship is only formed once a consultation has taken place, payment has been received, and a formal engagement has been confirmed.
Approach
LLS Law provides:
principled legal advice
structured dispute resolution
clear guidance through emotionally complex processes
Legal advice is provided following a paid consultation and subject to a conflict check and formal engagement.