What Does a Family Law Attorney Do?

When families face challenges or transitions, a family law attorney can help provide clarity, structure and valuable legal insights. These legal experts support individuals through life’s most sensitive moments, whether it’s ending a marriage, protecting children’s rights or formalising agreements between partners.

Here’s a look at the core services family law attorneys offer and why their guidance can be so valuable.

Divorce and Maintenance Support

One of the most common reasons to consult a family law attorney is to seek assistance with divorce cases. Whether the separation is amicable or contested, your attorney will guide you through the legal steps of ending a marriage, drafting or reviewing settlement agreements, assisting with the division of assets and ensuring compliance with your marital regime.

Divorce often goes hand in hand with maintenance concerns. South African law requires both parents to contribute to the financial needs of their children, and sometimes to support a former spouse too. A family law attorney helps you apply for, calculate and enforce fair maintenance contributions. Making sure the needs of dependents are met while also considering the financial capacity of each party.

Parental Rights and Child Relocation

A family law attorney plays a vital role in safeguarding the best interests of children during a divorce. They assist clients in defining and formalising their parental responsibilities and rights, including key aspects like maintenance contributions and contact schedules. These agreements are typically set out in a parenting plan, an essential document that brings structure, clarity and consistency to co-parenting arrangements.

If one parent wishes to relocate with a child, especially to another province or country, it can trigger a complex legal process. A family law attorney assists parents in applying for or opposing relocation to ensure the child’s welfare, schooling, emotional well-being and access to both parents are carefully considered by the court.

Mediation During and After Divorce

Disagreements don’t need to end up in court. Family and post-divorce mediation allows parents and former partners an opportunity to resolve disputes more peacefully. A family law attorney can act as a mediator or represent you during mediation, helping both parties reach legally sound, practical agreements.

Conflicts can still arise after the divorce, over issues like changes to visitation schedules, schooling decisions or disagreements about maintenance. In these situations, post-divorce mediation offers a constructive way to resolve disputes without returning to court. A family law attorney acting as mediator remains neutral while helping both parties understand each other’s perspectives and work toward practical, balanced solutions. The process encourages open dialogue, while leaving decision-making in the hands of the former spouses.

Planning Ahead: Antenuptial Contracts and Cohabitation Agreements

A family law attorney isn’t only for couples going through a divorce, and they’re just as helpful when you’re building a life together. If you’re getting married, your attorney can draft an antenuptial contract (ANC), which allows you to choose your matrimonial property regime. Without one, you’re automatically married in community of property, which may not suit your financial goals.

If you’re living together without getting married, a cohabitation agreement is essential to protect both parties by setting out rights and responsibilities around property, finances and shared expenses. Since South African law doesn’t treat cohabiting partners the same as married couples, having a clear agreement in place can help prevent disputes down the line.

Legal Protection Through Protection Orders

When your safety becomes a concern, a family law attorney can help you apply for a protection order under the Domestic Violence Act. These orders are designed to protect individuals from abuse, whether physical, emotional, verbal or financial, and can be granted on an urgent basis.

Your attorney assists with compiling evidence, submitting your application to the court, and representing you at hearings. A final protection order places legal restrictions on the abuser, and violating this order is a criminal offence. Having a legal expert by your side to guide you through this process offers reassurance and ensures your rights are upheld.

Trust a Legal Expert

A family law attorney is more than a legal advisor; they’re a companion during some of life’s most emotionally charged situations, and having an experienced professional in your corner makes all the difference.

If you’re unsure whether your situation requires legal help, starting with a consultation is often the best first step. Contact Cawood Attorneys now to speak to a qualified family law attorney who can help you understand your rights and explore your options.