Family Law

Dedicated to the Future of Your Family

Sensitive, professional guidance through divorce, custody, and family disputes.
Masondo & Associates Inc are here to help you about Family Law Matters

Family Law

Family matters require both legal precision and genuine compassion. Our attorneys guide clients through divorce, maintenance, and custody disputes with care and professionalism.

We understand the emotional weight these cases carry. Our goal is always a fair resolution — one that protects your interests and, where children are involved, their best interests above all.

List Services

Contested and uncontested divorce proceedings
Forfeiture of benefits and asset division
Primary care, contact, and custody orders
Child and spousal maintenance applications
Domestic violence protection orders
Antenuptial contracts and marriage advice

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Protecting What Matters Most

Family transitions are deeply personal and often difficult. We provide the steady hand and legal expertise needed to protect your children, your assets, and your peace of mind during life’s biggest changes.

Family Law FAQ

What Does Family Law Cover?

Family law in South Africa encompasses all legal matters arising from family relationships. These include divorce and separation, child custody (now called care and contact), maintenance and financial support, adoption, guardianship, domestic violence interdicts, surrogacy, cohabitation agreements, antenuptial contracts, and the winding up of deceased estates. Family courts approach these matters with particular sensitivity, prioritising the welfare of children and other vulnerable parties throughout every stage of proceedings.

How Does Child Custody Work?

South African law no longer uses the term “custody” — it is now referred to as primary residence and care under the Children’s Act. The legal process typically starts with mediation, where a neutral third party helps parents reach a mutually acceptable parenting plan. If mediation fails, the matter proceeds to court, where a judge examines evidence and testimony to make a determination based exclusively on the best interests of the child. The Office of the Family Advocate — a free government service — may also be called upon to interview both parents and the children and submit a recommendation to the court.

What Is the Role of the Family Advocate?

The Family Advocate is a legal officer employed by South Africa’s Department of Justice who acts as the legal representative of the children involved in a dispute. Upon application, the Family Advocate — assisted by a trained Family Counsellor (typically a social worker) — conducts interviews with both parents and the children to assess circumstances and determine what is in the best interests of the child. Importantly, this service is rendered completely free of charge to the public, making it a critical resource for families who cannot afford private legal representation.

How Does the Family Court Process Work?

The family court process begins with one party filing either an application (for uncontested matters) or a summons (for disputed matters) clearly outlining the relief being sought. The court will first encourage mediation and alternative dispute resolution before scheduling formal hearings — in KwaZulu-Natal, mediation has even been made mandatory in the High Court division. If disputes remain unresolved after mediation, both parties present evidence, witness testimony, and expert reports at a hearing, and the judge makes a ruling guided by applicable law and the best interests of any children involved.

What Are My Rights as an Unmarried Parent?

Unmarried parents — particularly unmarried fathers — face a more complex legal process than divorcing married parents. While married parents can simply complete a standard form (Annexure B) to trigger a Family Advocate investigation, unmarried parents must approach a court directly and file a two-pronged application to obtain the same level of inquiry. The Constitutional Court has acknowledged this as a constitutional problem, with the High Court declaring the relevant provision of the Mediation in Certain Divorce Matters Act unconstitutional for discriminating against unmarried parents and their children. Unmarried fathers are advised to urgently consult a family law attorney to understand and protect their parental rights and responsibilities.

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