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Legal guides

Written for people, not lawyers. Each guide has key points, a cost card, FAQs and a clear note on when you actually need an attorney.

Family

How much does a divorce cost in South Africa?

It depends almost entirely on whether the divorce is uncontested or contested. An uncontested divorce where you agree on everything in writing is usually a few thousand to around twenty thousand rand. A contested divorce has no real ceiling.

5 min read · Reviewed 4 Sep 2026

Family

How to apply for a protection order

You apply at the clerk of any Magistrates' Court. It is free, you do not need an attorney, and a magistrate can grant an interim order the same day. In an emergency phone the police on 10111 or the GBV Command Centre on 0800 428 428 first.

5 min read · Reviewed 4 Sep 2026

Family

What is an antenuptial contract and do I need one?

An antenuptial contract is an agreement signed before your wedding that decides how your assets and debts are held during the marriage and split if it ends. Without one you are automatically married in community of property.

5 min read · Reviewed 4 Sep 2026

Family

How is child maintenance calculated?

There is no fixed formula and no set rand amount. A court works out the child's reasonable monthly needs, then splits those costs between the parents in proportion to what each can afford.

5 min read · Reviewed 4 Sep 2026

Family

How long does an uncontested divorce take?

If you genuinely agree on everything, an uncontested divorce usually takes about six weeks to three months from issuing the summons to the decree. Delays almost always come from service, the court roll, or an agreement that is not really agreed.

5 min read · Reviewed 4 Sep 2026

Family

Who gets the house in a divorce?

It depends on your matrimonial property regime first, and whose name the house is in second. In community of property the house falls into the joint estate whatever the title deed says. With accrual, the owner keeps it but the other spouse may have a money claim.

5 min read · Reviewed 4 Sep 2026

Family

Can a father get full custody in South Africa?

Yes. South African law does not favour mothers as a rule. A court decides on the best interests of the child, and a father can be awarded primary care where that is what the child's interests require.

5 min read · Reviewed 4 Sep 2026

Family

What to do if maintenance is not being paid

Go back to the Maintenance Court and lodge a complaint of default. The court can order the money to be deducted from the defaulter's salary, attach and sell their property, report them to the credit bureaus, and prosecute them criminally.

5 min read · Reviewed 4 Sep 2026

Family

How to get divorced when your spouse is overseas

You can still divorce in South Africa if you are domiciled or ordinarily resident here. The difficulty is not jurisdiction, it is getting the summons served on someone in another country, which usually needs a separate court application.

5 min read · Reviewed 4 Sep 2026

Family

What is a parenting plan?

A parenting plan is a written agreement between parents setting out how they will care for their child: where the child lives, contact arrangements, schooling, healthcare and money. It can be registered with the family advocate or made an order of court.

5 min read · Reviewed 4 Sep 2026