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MTHEMBU & CO ATTORNEYS
Practice Area
Handling divorce, maintenance, custody, and domestic matters with discretion.
Family law governs legal matters arising from family and domestic relationships, including marriage, divorce, custody, maintenance, and the protection of vulnerable family members. These matters are deeply personal and often emotionally charged. P A Mthembu Attorneys approaches every family law matter with professionalism, discretion, and a focus on achieving outcomes that serve the client's long-term interests.
The firm handles both contested and uncontested divorces, including the division of assets, spousal maintenance, and matters relating to the care, contact, and guardianship of children. In contested matters, the firm prepares thoroughly for litigation while remaining open to settlement where it serves the client's interests.
Child-related disputes are governed by the Children's Act 38 of 2005, which prioritises the best interests of the child. The firm advises parents on care and contact arrangements, parental rights and responsibilities, and relocation disputes.
Maintenance claims that are for a spouse or for children are pursued or defended under the Maintenance Act 99 of 1998. The firm assists clients with maintenance court applications, enforcement of existing maintenance orders, and variation of orders when circumstances change.
What is the difference between an uncontested and a contested divorce?
An uncontested divorce is one where both parties agree on all terms, including the division of assets, maintenance, and child custody arrangements. A contested divorce is one where the parties cannot agree, and the court must make determinations on the disputed issues.
How long does a divorce take?
An uncontested divorce typically takes 4 to 12 weeks from the date of issuing the summons. A contested divorce can take significantly longer, often 12 months to several years depending on the complexity of the issues and the court's availability.
How is child custody determined?
South African law no longer uses the term “custody.” The Children's Act refers to “care” and “contact.” The court's primary consideration is the best interests of the child, taking into account factors such as the child's relationship with each parent, the child's age and needs, and each parent's capacity to provide for the child.
Whether you need representation or want to understand your options, get in touch.
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