Understanding the Children’s Act 38 of 2005 changes the conversation from a power struggle to a cooperative mission. If you are ready to stop fighting and start building a stable future for your children, we are here to help.

Can spouses who are already married in community of property under customary law change their marriage to out of community of property simply by signing an antenuptial contract when they later have a civil marriage?

The South African Law Reform Commission has released a landmark report — Project 100A: Alternative Dispute Resolution (ADR) in Family Matters — together with a draft Family Dispute Resolution Bill (November 2025).

When parents separate or divorce, one of the most important tasks they face is creating a parenting plan that supports their children’s wellbeing. In South Africa, parenting plans are legally recognised tools that outline how parents will share responsibilities after separation. While these plans can be imposed by a court, more and more families are choosing mediation as the preferred method of developing them—and for good reason.

Reaching a full settlement agreement through mediation is one of the most empowering steps divorcing spouses can take. Mediation allows couples to resolve issues of care and contact, finances, maintenance, and division of assets in a cooperative, cost-effective manner. But once the hard work is complete and both parties have a final Divorce Settlement Agreement (including a Parenting Plan where minor children are involved), what happens next?