Family matters, handled with care
Family matters are personal, and they are often the hardest legal matters to face. Whether you are considering a divorce, dealing with a maintenance dispute or worried about access to your children, the right advice early on can save you years of conflict and unnecessary cost.
VDW Attorneys assists families across Vereeniging, Vanderbijlpark, Meyerton, Sebokeng and Sasolburg with the full range of family law matters. You deal directly with the director, Kobus van der Westhuizen, an attorney with 24 years in practice, and you will always be told where you stand.
How we can help
- Divorce. Opposed and unopposed divorces, settlement negotiations and the division of assets.
- Maintenance. Maintenance applications, variations and enforcement for children and spouses.
- Custody and access. Care of and contact with your children, and workable parenting arrangements.
- Domestic violence. Protection order applications and related urgent matters.
- Matrimonial property. Advice on marriages in and out of community of property, and what yours means for you.
- Antenuptial agreements. Advice on and preparation of antenuptial agreements before you marry.
What to expect
- Tell us your situation. Your first consultation is R800. Everything you tell us is confidential, and you can speak freely, in Afrikaans or English.
- Agree on an approach. Some matters settle around a table, others need to go to court. We advise you honestly on which route suits your matter and what it is likely to cost.
- We handle the process. Paperwork, negotiations and court appearances are dealt with for you, and you are kept informed in plain language at every stage.
Frequently asked questions
How long does a divorce take in South Africa?
It depends on whether the divorce is opposed. An unopposed divorce, where both parties agree on the terms, can often be finalised within a few weeks to a few months. An opposed divorce takes considerably longer because disputed issues must be resolved or decided by a court. We will give you a realistic view of your own matter at the first consultation.
What is the difference between an opposed and an unopposed divorce?
In an unopposed divorce both spouses agree on how to divide assets, deal with the children and handle maintenance, and the court simply grants the decree. In an opposed divorce the parties disagree on one or more of these issues, and the matter follows a longer litigation process. Many divorces that start opposed are settled along the way.
How is custody of children decided?
South African courts decide questions of care and contact on one standard: the best interests of the child. The court looks at each parent's circumstances, the child's needs and relationships, and in appropriate cases the child's own views. Both parents usually retain rights and responsibilities, with practical arrangements set out in a parenting plan or court order.
Do I need an antenuptial agreement before I get married?
If you marry without one, you are automatically married in community of property, which means one joint estate and shared debts. An antenuptial agreement lets you marry out of community of property, with or without the accrual system, and it must be signed before the wedding. It is far simpler to put in place before the marriage than to change afterwards.
The information on this page is general in nature and is not legal advice. Every matter is different. Speak to an attorney about your specific circumstances.