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FAMILY & 
MATRIMONIAL LAW

- Family Law Attorneys in Benoni | Johannesburg -

- Family Law Attorneys in Benoni | Johannesburg -


A SENSITIVE AND FIRM APPROACH

We understand that family disputes require more than an understanding of legal principles. They require careful communication, preparation and an appreciation of the practical circumstances affecting the people involved. Thatego Selahle & Associates Inc provides legal advice and representation in family-law matters with a focus on protecting our clients' legal interests while remaining conscious of the social consequences of such impassioned disputes.

We understand that family disputes require more than an understanding of legal principles. They require careful communication, preparation and an appreciation of the practical circumstances affecting the people involved. Thatego Selahle & Associates Inc provides legal advice and representation in family-law matters, with a focus on protecting our clients' legal interests while remaining conscious of the social consequences of such impassioned disputes.

OUR APPROACH TO FAMILY LITIGATION

Family-law disputes can be highly personal, emotionally challenging and extremely litigious. The outcomes of family disputes often have lasting implications - particularly where the decisions pertain to divorce (and the financial implications thereof), care & contact of minor children and maintence orders. They may also have a lasting impact on the family as a unit. At Thatego Selahle & Associates Inc, we approach family disputes with sensitivity, ensuring the utmost confidentiality and the protection of vulnerable persons (such as children). 

Family-law disputes can be highly personal, emotionally challenging and extremely litigious. The outcomes of family disputes often have lasting implications - particularly where the decisions pertain to divorce (and the financial implications thereof), care & contact of minor children and maintence orders. They may also have a lasting impact on the family as a unit. At Thatego Selahle & Associates Inc, we approach family disputes with sensitivity, ensuring the utmost confidentiality and the protection of vulnerable persons (such as children). 

Listen

We listen and pay close attention to the impact that a dispute has had on our clients. We pay careful attention to understand our client's objectives, the family dynamics which are at play and to identify any real or anticipated harm which may affect our client - whether physical, financial or otherwise.

We listen and pay close attention to the impact that a dispute has had on our clients. We pay careful attention to understand our client's objectives, the family dynamics which are at play and to identify any real or anticipated harm which may affect our client - whether physical, financial or otherwise.

GIVE clarity & guidance

We provide clear, practical  advice to help our clients understand their rights and the options available to them using clear, undertstandable language. We consult our clients about any anticipated impact that legal action may have on their living circumstances, and tailor our solutions accordingly.

We provide clear, practical  advice to help our clients understand their rights and the options available to them using clear, undertstandable language. We consult our clients about any anticipated impact that legal action may have on their living circumstances, and tailor our solutions accordingly.

find amicable solutions

Our dedicated attorneys act swiftly to guard against prolonging any difficult living situations. We place our client's best interests at the forefront of all we do. We default to impactful, collabrative and mediation-driven dispute resolution, but ensure that our legal services are always as firm as the situation warrants. 

Our dedicated attorneys act swiftly to guard against prolonging any difficult living situations. We place our client's best interests at the forefront of all we do. We default to impactful, collabrative and mediation-driven dispute resolution, but ensure that our legal services are always as firm as the situation warrants. 

Family Law

Family law is the area of law that regulates legal relationships and disputes arising within families. It encompasses children’s law, which addresses matters concerning the care, protection, rights and best interests of children, domestic disputes, and matrimonial law which includes marriage, divorce, maintenance and related matrimonial disputes.

Family law is the area of law that regulates legal relationships and disputes arising within families. It encompasses children’s law, which addresses matters concerning the care, protection, rights and best interests of children, domestic disputes, and matrimonial law which includes marriage, divorce, maintenance and related matrimonial disputes.

CHILDREN & PARENTAL RIGHTS & RESPONSIBILITIES

We provide advice & representation for:


+ Adoption applications 

+ Assignment / termination of parental rights

+ Collection of arrear maintenance 

+ Care & contact ("custody") disputes 

+ Maintenance applications (New & variations)

+ Parenting plans

+ Relocation / Removal of minor children


+ And all other ancillary / supplementary matters relating to children and domestic disputes


We provide advice & representation for:


+ Adoption applications 

+ Assignment / termination of parental rights

+ Collection of arrear maintenance 

+ Care & contact ("custody") disputes

+ Domestic violence protection orders 

+ Maintenance applications

+ Parenting plans

+ Relocation / Removal of minor children


+ And all other ancillary / supplementary matters relating to children and domestic disputes


 

DOMESTIC DISPUTES

Matrimonial law governs the legal relationships, rights and duties arising from marriage and civil unions, and it dictates how property is owned during marriage and distributed upon divorce or death. Regardless of whether you are / intend to be married in accordance with the Marriages Act, Civil Unions Act or the Customary Marriages Act, we can assist. 


APPLY FOR A PROTECTION ORDER. TAKE THE COMPLETED FORM TO YOUR NEEREST MAGISTRATES COURT OR APPROACH THE COURT FOR FURTHER ASSISTANCE.

Matrimonial law governs the legal relationships, rights and duties arising from marriage and civil unions, and it dictates how property is owned during marriage and distributed upon divorce or death. Regardless of whether you are / intend to be married in accordance with the Marriages Act, Civil Unions Act or the Customary Marriages Act, we can assist. 

REPORT GENDER-BASED VIOLENCE

REPORT  VIOLENCE AGAINST CHILDREN

Matrimonial Law

Matrimonial law governs the legal relationships, rights and duties arising from marriage and civil unions, and it dictates how property is owned during marriage and distributed upon divorce or death. Regardless of whether you are / intend to be married in accordance with the Marriages Act, Civil Unions Act or the Customary Marriages Act, we can assist. 

Matrimonial law governs the legal relationships, rights and duties arising from marriage and civil unions, and it dictates how property is owned during marriage and distributed upon divorce or death. Regardless of whether you are / intend to be married in accordance with the Marriages Act, Civil Unions Act or the Customary Marriages Act, we can assist. 

DIVORCES


+ Contested & uncontested divorces

+ Interim maintenance proceedings 

+ Spousal maintenance


+ Contested & uncontested divorces

+ Interim maintenance proceedings

+ Spousal maintenance

MARITAL REGIMES


+ Antenuptial Contracts (Please see Notarial Practice)

+ Applications relating to the registration of postnuptial agreements 

+ Applications to change a marital regime 

+ Applications to order the division of a joint estate

+ Applications to regulate a subsequent customary marriage


+ Antenuptial Contracts (See Notarial Practice)

+ Applications relating to the registration of postnuptial agreements 

+ Applications to change a marital regime 

+ Applications to order the division of a joint estate

+ Applications to regulate a subsequent customary marriage

COHABITATION 


+ Cohabitation agreements


+ Cohabitation agreements

Some Key Bodies We May Encounter

THE HIGH COURT 

The High Court is the upper guardian of all minor children in South Africa. Disputes relating to children that do not fall within the jurisdiction of the Children's Court are all heard by the High Court. The High Court also hears all matters relating to changes in marital regimes.

THE CHILDREN'S COURT

Every single Magistrates Court has a Children's Court, which is a specialised court dealing with matters relating to the care of minor children. The Children's Court has jurisdiction to hear certain matters including adoptions and disputes to relating to all parental rights and responsibilities in respect of minor children. 

THE OFFICE OF THE FAMILY ADVOCATE

The Office of the Family Advocate is housed within the Department of Justice and exists to assist parents in reaching an agreement on certain disputed issues relating to children. All divorces settlements which make provision for minor children must be brought to the Family Advocate for endorsement. 

SOCIAL WORKERS

Social workers are trained professionals whose services may be engaged to look into the living circumstances of a minor child. Social workers' recommendations assist the court in making determinations in certain disputes relating to children. The involvement of a social worker may be court-appointed or may be elective in appropriate circumstances. 

THE HIGH COURT 

The High Court is the upper guardian of all minor children in South Africa. Disputes relating to children that do not fall within the jurisdiction of the Children's Court are all heard by the High Court. The High Court also hears all matters relating to changes in marital regimes. 

THE CHILDREN'S COURT

Every single Magistrates Court has a Children's Court, which is a specialised court dealing with matters relating to the care of minor children. The Children's Court has jurisdiction to hear certain matters including adoptions and disputes to relating to all parental rights and responsibilities in respect of minor children. 

THE OFFICE OF THE FAMILY ADVOCATE

The Office of the Family Advocate is housed within the Department of Justice and exists to assist parents in reaching an agreement on certain disputed issues relating to children. All divorces settlements which make provision for minor children must be brought to the Family Advocate for endorsement. 

SOCIAL WORKERS

Social workers are trained professionals whose services may be engaged to look into the living circumstances of a minor child. Social workers' recommendations assist the court in making determinations in certain disputes relating to children. The involvement of a social worker may be court-appointed or may be elective in appropriate circumstances. 


Peruse our recent family law Insights

The fallacy of the appealability of Rule 43 proceedings

The appealability of Rule 43 proceedings

FR, 14 August 2026

The recent decision in BE v NT and Others [2026] ZASCA 25 provides an important reminder of the provisional nature of Rule 43 proceedings and the limits of appellate intervention in interim divorce orders. This article considers the SCA’s approach to the appealability of Rule 43 orders, the statutory limits on its jurisdiction, and what the judgment means for litigants seeking relief during divorce proceedings. READ MORE...

FR, 14 August 2026

The recent decision in BE v NT and Others [2026] ZASCA 25 provides an important reminder of the provisional nature of Rule 43 proceedings and the limits of appellate intervention in interim divorce orders. This article considers the SCA’s approach to the appealability of Rule 43 orders, the statutory limits on its jurisdiction, and what the judgment means for litigants seeking relief during divorce proceedings. READ MORE...

Addressing pension funds in divorce settlements

Addressing pension funds in divorce settlements

The recent decision in BE v NT and Others [2026] ZASCA 25 provides an important reminder of the provisional nature of Rule 43 proceedings and the limits of appellate intervention in interim divorce orders. This article considers the SCA’s approach to the appealability of Rule 43 orders, the statutory limits on its jurisdiction, and what the judgment means for litigants seeking relief during divorce proceedings. READ MORE...

The recent decision in BE v NT and Others [2026] ZASCA 25 provides an important reminder of the provisional nature of Rule 43 proceedings and the limits of appellate intervention in interim divorce orders. This article considers the SCA’s approach to the appealability of Rule 43 orders, the statutory limits on its jurisdiction, and what the judgment means for litigants seeking relief during divorce proceedings. READ MORE...

Marital regimes in South Africa: A guide for intended spouses

Marital regimes in South Africa: A guide for intended spouses

FR, 08 MAY 2026

Choosing a matrimonial property regime is an important financial and legal decision, and there is no single regime that is appropriate for every couple. Your existing assets, future earning potential, business interests, intended estate planning, family circumstances and financial obligations may all influence which regime is most appropriate. Learn more about which marital regime may be best suited to you. READ MORE...

FR, 08 MAY 2026

Choosing a matrimonial property regime is an important financial and legal decision, and there is no single regime that is appropriate for every couple. Your existing assets, future earning potential, business interests, intended estate planning, family circumstances and financial obligations may all influence which regime is most appropriate. Learn more about which marital regime may be best suited to you. READ MORE...


FREQUENTLY ASKED QUESTIONS  

FREQUENTLY ASKED QUESTIONS  

South Africa recognises a diverse number of marriages to accommodate its diverse people. Marriages may be concluded as a civil union (monogamous same-sex / male & female marriages), a civil marriage (monogamous, male & female marriages), a customary marriage (either monogamous / polygamous male & female marriages) or as a marriage concluded in terms of a religion (i.e. Muslim or Hindu rites). Contact us for advice about the intricacies of the various statutes governing such marriages.

South Africa recognises a diverse number of marriages to accommodate its diverse people. Marriages may be concluded as a civil union (monogamous same-sex / male & female marriages), a civil marriage (monogamous, male & female marriages), a customary marriage (either monogamous / polygamous male & female marriages) or as a marriage concluded in terms of a religion (i.e. Muslim or Hindu rites). Contact us for advice about the intricacies of the various statutes governing such marriages.

Under the Children's Act 38 of 2005, parental responsibilities and rights encompass the responsibility and right to care for, maintain contact with, act as guardian of and contribute to the maintenance of a child. These rights and responsibilities are exercised subject to the paramount consideration of the best interests of the child. Contact us for assistance pertaining to the content or exercise of these rights & responsibilities.

Under the Children's Act 38 of 2005, parental responsibilities and rights encompass the responsibility and right to care for, maintain contact with, act as guardian of and contribute to the maintenance of a child. These rights and responsibilities are exercised subject to the paramount consideration of the best interests of the child. Contact us for assistance pertaining to the content or exercise of these rights & responsibilities.

No. Section 4(9) of the Recognition of Customary Marriages Act is very clear on this topic. However, the Act does prescribe a duty on the spouses to register their marriage. While failure to register may not affect validity, spouses may encounter several practical issues throughout their lives when trying to prove the existence of the marriage in the absence of such registration. Contact us for assistance to avoid the inconvenience. 

No. Section 4(9) of the Recognition of Customary Marriages Act is very clear on this topic. However, the Act does prescribe a duty on the spouses to register their marriage. While failure to register may not affect validity, spouses may encounter several practical issues throughout their lives when trying to prove the existence of the marriage in the absence of such registration. Contact us for assistance to avoid the inconvenience. 

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Copyright  2026 Thatego Selahle & Associates Inc. 

All Rights Reserved. 

Company Registration No. 2026/099576/21  

LPC Firm No. F74930

Copyright  2026 Thatego Selahle & Associates Inc. All Rights Reserved        |        Company Registration No. 2026/099576/21         |         LPC Firm No. F74930