Ipfani Makhuvha Attorneys
Family, Personal, Commercial & Property Law

Family Law

Compassionate guidance through family law matters including divorce, custody, maintenance, and matrimonial property division. We handle sensitive personal matters with care and professionalism.

About Family Law

Family law matters are deeply personal and often emotionally challenging. Divorce, child custody disputes, and maintenance claims can impact the most important relationships in your life. Our approach is to help you navigate these issues thoughtfully, seeking fair outcomes whilst minimising conflict and protecting the interests of children. We are experienced in both contentious litigation and alternative dispute resolution methods that can help families move forward with dignity.

Divorce in South Africa is governed by the Divorce Act. Dissolution of marriage can occur on the grounds of irretrievable breakdown (no-fault divorce) or on traditional grounds such as adultery or cruelty. Most divorces are uncontested and can be processed relatively efficiently. However, contested divorces raise complex questions about division of matrimonial property, maintenance obligations, and children's arrangements. We advise on the implications of different property regimes (in and out of community of property) and help clients understand their entitlements and obligations.

Children's matters are paramount. The Children's Act requires that the best interests of the child be considered in all decisions affecting them. This includes custody (now called guardianship), care and contact arrangements, and parental access. We help parents craft practical arrangements that serve their children's emotional and material needs. We also assist with maintenance calculations to ensure children's financial needs are met. Maintenance can be enforced through various mechanisms, including garnishee orders on salaries.

We handle all aspects of matrimonial property division, whether community of property or not. This includes valuation of assets, pension fund division, business interests, and liabilities. We engage with valuators and financial experts where necessary. Spousal maintenance is determined based on earning capacity, financial needs, and the standard of living during marriage. These calculations can be complex, and we ensure fairness in settlements.

We also advise on succession planning within family law contexts, including wills for parents and guardianship provisions for children. We understand that family law is not merely about legal rights but about protecting relationships and securing family wellbeing for the future.

Common Matters We Handle

  • Negotiating an uncontested divorce and dividing matrimonial property fairly
  • Contesting a divorce and defending your rights in complex property or maintenance disputes
  • Establishing guardianship arrangements and determining custody and access to children
  • Negotiating maintenance for children and ensuring appropriate financial support
  • Pursuing or defending spousal maintenance claims based on financial need and earning capacity
  • Addressing domestic violence and obtaining protection orders for you and your children

Frequently Asked Questions

An uncontested divorce where both parties agree can be processed within 3-6 months, depending on court roll availability. A contested divorce where parties disagree on property division, maintenance, or children's arrangements can take 1-3 years or longer. We work to expedite proceedings where possible.
If married in community of property, all assets acquired during the marriage (except gifts and inheritance) are joint property divided equally. If married out of community, each spouse retains their own property. Exceptions apply to life partnerships and long-term relationships. We advise on your property regime and entitlements.
Children's maintenance is based on the Child Support Guidelines, which consider both parents' income, the number of children, and their needs. The guideline assumes parents contribute proportionally to their income. Courts have discretion to deviate from guidelines in special circumstances. We help calculate fair maintenance amounts.
The paramount consideration is the best interests of the child. Courts consider the child's wishes (depending on age and maturity), the parents' capacity to care for and nurture the child, the child's relationship with each parent, stability and continuity, and practical considerations. Shared custody arrangements are increasingly common and can work well when parents cooperate.
Spousal maintenance is based on financial need, the other spouse's ability to pay, and the standard of living during marriage. Either spouse can claim, but the claim must be based on genuine financial need. Factors include age, earning capacity, financial resources, and other obligations. We assess your eligibility and help quantify claims.
A protection order is a court order prohibiting abuse, harassment, or threats. It can include conditions such as keeping away from your home or workplace. Protection orders can be obtained relatively quickly (within days if needed) and are enforceable through criminal sanctions for breach. We assist victims of domestic violence in obtaining protection.

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