Guidance you can trust

Practical Guidance provides clear direction on Family Law in South Africa. An essential easy-to-use online tool that will help you to deliver up-to-date information rapidly, with the confidence that your counsel is based on relevant law.

Within Practical Guidance Family Law, you will find content dealing with Marriage, from the engagement and drafting an Antenuptial Contract to variation of a marriage regime and everything in between. The section dealing with Divorce covers, amongst others, the procedures to follow when instituting divorce proceedings, the consequences of divorce and rescission, suspension and variation of orders. You will also find content dealing with Maintenance and Children. These sections provide you with practical guidance on enforcing maintenance orders, applying for interim maintenance in terms of rule 43 as well as diverse topics on guardianship, care of a child and the Children’s Court.

The practical aids available, such as precedents of Antenuptial Contracts, checklist for instituting proprietary claims for divorce and Parental responsibilities and rights agreement, will save you hours of drafting time and ensure that your precedents are of top quality.

Expert Contributors
Bianca Bernardis-Larratt


Bianca completed her BA LLB at the University of Natal in 1997 and after serving articles with a local firm was admitted as an attorney in 2000. Bianca was also admitted as a conveyancer in 2006 and a notary public in 2007. Principally a litigator, Bianca has developed a specialised interest in matrimonial and family law, although she remains committed to commercial litigation and has considerable experience in building and construction law. Bianca has been appointed as a Director in the Litigation Department at Garlicke & Bousfield.

Family Law. Table of contents.
  • Legal recognition of the unborn child
  • Paternity
  • Maintenance and the unborn child
  • Registration of births
  • Termination of the Pregnancy Act
  • Interests of the unborn child and nasciturus fiction
  • Surrogacy
  • Assisted reproductive technology
  • Engagement and antenuptial contracts
  • Legality and marriage
  • Consequences of marriages
  • Proprietary consequences
  • Cohabitation
  • Civil Union Act
  • Customary marriages
  • Islamic and Hindu marriages
  • Foreign marriages
  • Variation of marital regime section 21 applications
  • Dissolution of marriage on death of a spouse
  • Annulment
  • Preliminary steps
  • Consequences of divorce
  • Divorce procedures
  • Opposed divorces
  • Rescission, suspension and variation of orders
  • Procedure when parties commence with their own divorce
  • Definition of the child and majority
  • Legal capacity
  • Legislation and the realisation of children's rights
  • The paramount principle of the best interests
  • Parental responsibilities and rights
  • Guardianship
  • Care
  • Contact
  • Parenting plans
  • The Children's Court
  • Children in need of care and protection
  • Sexual offences against children
  • Duty of support
  • Spousal maintenance
  • Interim maintenance
  • Maintenance enquiries and orders
  • Enforcement and execution
  • Appeals, suspensions, rescissions and variations
  • Recognition of foreign maintenance orders

  • Domestic violence
  • Protection from harassment
  • Common law
  • Unborn children
  • Cohabitees
  • Maintenance of Surviving Spouse Act
  • Maintenance of children and the Guardian Fund
  • The Hague Abduction Convention
  • Domestic adoption
  • International adoption

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