Matrimonial and Family Law

At Alim Akburally Attorneys and Conveyancers we are experts in matrimonial and family law. We respect the fact that proceedings like divorce and child custody cases can be sensitive and difficult, which is why we pride ourselves on the fact that we provide our clients with expert legal assistance while respecting their privacy and ensuring that we resolve legal disputes timely and effectively.

Our lawyers aim to provide the highest level of professional legal support and personal attention in all aspects of matrimonial and family law. We work closely with our clients to identify an effective solution, either by defending or pursuing litigation proceedings, alternatively finding a solution through mediation.

We handle every situation professionally and with sensitivity, as our trained legal professionals make every effort to ensure an expedient and agreeable resolution. Through the years, the team at Alim Akburally Attorneys and Conveyancers have gained valuable experience when it comes to divorces, access and maintenance disputes, as well as litigation in this specific field of law.

As a result of our experience, we are aware of the sensitivity required in these matters and are able to handle them with the necessary care.

Areas of Expertise

Our main focus areas when it comes to matrimonial and family law are to preserve dignity between all parties, always maintain confidentiality and resolve legal disputes on a fair and equitable basis.

The services rendered by our firm include:

Our experts provide advice on all aspects of matrimonial and family law, particularly issues relating to marriage, ante-nuptial contracts, divorce, custody, access, adoption and maintenance. We understand that these matters can often be highly emotional and even traumatic; we endeavour to find a solution which protects the wellbeing of the children invloved.

Our experience allows us to counsel the parties to see beyond their disputes and focus on the importance of providing a secure and happy future for all concerned. Our experience also extends to adoptions, both local and international. Assisiting to bring a child into a new and loving family is one aspects of family law that we are proud to be committed to.

Matrimonial and Family Law in South Africa

Our Notaries will advice you on all the different marriage regimes available in South Africa and offer legal guidance in terms of choosing the most suitable marriage regime for your unique needs. we are equipped to draft your ante-nuptial agreement for you, and ensure that all formalities have been met before your big day.

We also understand the importance of ensuring the wellbeing of your loved ones, in the event that you are no longer able to support them. We are equipped to draft your will for you, ensuring that your entire estate dissolves in the manner which you prescribed.

We emphasize the importance of maintaining dignity between all parties involved and resolving legal dispute on a fair and equitable basis. We aim to aviod a settlement that might lead to resentment and subsequently, or litigation. As a result, the matrimonial and family law team at Alim Akburally Attorneys and Conveyancers views high court litigatio as a last resort finalize the term of divorce.

We believe that is is paramount for both parties to feel that a fair settlement has been achieved, so that the relationship between the parties, especially when children are involved, can continue on a civil and respectful basis long after the divorce is finalized.

Child Maintenance and Support

When it comes to child maintenance , matrimonial and family law in Soith Africa is fairly straightforward; the difficulty lies in applying the law to each individual case. One of the very basis principles of child maintenance is that the extent of the obligation is based on the standard of living, means and income the person obliged to pay.

The obligation does not rest solely on one parent, but rather on both. the fact that the father moght be able to adequately support the child, does not mean that the mother can avoid a contribution altogether. In fact, it would be invalid to add a aclause into a divorce settlememt that states that only parent needs to maintain the child.

Another important aspect to note is that when a maintenance court makes an order regarding maintenance, such an order is not necessarily fixed forever. if circumstances change, an application for an increase or reduction in maintenace can be made.

Spousal Maintenance

Although women and men are both entitled to seek spousal maintenance, it is usually the women who bring these cases forward. Neither spouse is automatically entitled to maintenance on divorce, as our law allows for the “clean break” principle. This refers to the fact that after a divorce, both parties should become financially independent from each other as soon as possible. However, the court has the power to award spousal maintenance, if necessary.

In the event that divorce proceedings take too long, there is another solution that the law provides for; Rule 43 of the High Court and rule 58 of the magistrate’s court provide an interim measure to help an applicant quickly, with minimal legal costs. This is also referred to as interim relief in matrimonial and family law.

Professional Matrimonial and Family Law Services

We know that divorce proceedings and chilg custody agreements cab be sensitive, which is why the team at Alim Akburally Attorney and Conveyancers handls every case with the utmost professionalism and compassion.

Our team knows how to find the most suitable solution to your individual needs, with mutual respect for all parties involved, especially when it comes to the well-being of your children and family. We work with you to fing a timely, amicable solution.

For more information on our superior matrimonial and family law services, please contact us phone us directly at 031 304 0025.