Cluver Markotter

Our Expertise



    Family Law

    navigate family legal matters with ease

    Any family law related or matrimonial dispute, be it a divorce or a dispute about minor children, can be overwhelming and disruptive. Our family law attorneys are skilled in assisting with each step of family law legal processes and providing sound legal advice on any family law issues.

    Our family law services include:   

    • Opposed and unopposed divorces, including foreign marriages and/or instances where one of the parties resides outside of the Republic of South Africa
    • Rule 43 proceedings in the High Court and Rule 58 proceedings in the Regional Magistrates’ Court
    • Preparation or amendments of consent papers (settlement agreements) and parenting plans
    • Court processes to enforce compliance with divorce orders, consent papers and parenting plans
    • Spousal maintenance proceedings against ex-spouses or their deceased estates
    • Enforcement of foreign divorce/child-related court orders in the RSA and the enforcement of South African divorce/child-related court orders outside of the RSA
    • Amendments to the matrimonial property regime governing marriage
    • Cohabitation agreements and disputes relating to cohabitation agreements
    • Proceedings in respect of the maintenance of children in terms of maintenance obligations of parents, deceased estates of parents, or grandparents
    • Compliance with and amendments to maintenance orders
    • Care and contact disputes
    • Applications for the variation of parental responsibilities and rights
    • Advice regarding parental responsibilities and rights of unmarried fathers
    • Applications for the acquisition of parental responsibilities and rights of interested persons, including rights to contact with children and guardianship
    • Assistance with all proceedings in the Children’s Court
    • Domestic Violence and protection order court proceedings
    • Surrogate Motherhood agreements and other aspects relating to fertility law
    • Disputes regarding the implementation/enforcement of surrogate motherhood agreements
    • Hague Convention applications
    • Enquiries regarding adoption



    Each family law mediator, child custody attorney, and domestic attorney in our team brings unparalleled expertise, ensuring your family’s well-being remains paramount. Experience, combined with genuine care, makes our team the preferred choice in family law matters.

    Peter Hill

    Lorinda van Niekerk

    Catherine Cox

    Stephanie O'Reilly


    The Family Law Act governs family-related legal matters, from marriage and divorce to child custody and maintenance.
    The duration of a divorce process varies based on its complexity and whether it’s contested. An uncontested divorce can be finalised in a few weeks, while a contested one can take longer.
    No, divorces are processed through the courts, not Home Affairs.
    You’d typically need a marriage certificate, identification documents, and any prenuptial agreements or other related contracts.
    Yes, if a court believes there’s a chance of reconciliation or if the legal procedures haven’t been followed.
    There’s no obligatory waiting period; you can remarry once your divorce is finalised.
    A court may order that the fund be split between the parties, especially if the divorce settlement requires it.
    Full custody is determined based on the child’s best interests. Factors like the parent’s financial stability, emotional support, living conditions, and more are considered.
    Grounds can include the other parent’s financial instability, history of abuse or neglect, drug/alcohol problems, or any other factors affecting the child’s well-being.
    The court decides custody based on the child’s best interests. Both parents can be granted joint custody, or one parent may get primary custody, depending on the circumstances.
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