Your Smart Tool for Life After Love
Practical step-by-step guidance for South African parents facing separation or divorce.
What You Get
✔️ Step By Step Divorce Navigation.
✔️ Interactive Guidance Sheets on Parenting Plans
✔️ Budget + Asset Tools
✔️ Downloadable Forms
✔️ Expert Video & Audio Guidance
✔️ Access To Mediators, VOC Practitioners & More
✔️ Monthly Subscription: Basic Plan for R99
Premium Plan for R199/p>
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FAQ
Who decides where the children live after divorce or separation?
The law prioritises the best interests of the child. Ideally, parents agree through a Parenting Plan on where the child primarily lives and how both parents will stay involved. If not, the court makes the decision based on care, contact, and overall wellbeing.
What does “care” and “contact” mean in South African law?
Care refers to meeting the child’s daily needs, like housing, education, and health. Contact is the right of the other parent to spend time with the child. Both parents usually retain parental rights and responsibilities, even if living arrangements differ.
How long does it take to get divorced in South Africa?
An uncontested divorce (with agreement on children and finances) can take 6–12 weeks. A contested divorce can take 6 months to several years, depending on complexity and cooperation.
What is the “Voice of the Child” and how is it used?
The Voice of the Child (VoC) process gives children a safe space to share their feelings during family disputes. Their input is considered (especially from age 7+), but final decisions are made by adults or the court based on their best interests.
Do children get to choose which parent they live with?
No, but children can express a view, especially as they grow older. Their voice is considered seriously — particularly through VoC interviews or reports — but it’s not the only factor in decisions about care and contact.
What is a Parenting Plan, and is it required?
A Parenting Plan is a written agreement between parents about how they’ll raise the child after separation. It covers care, contact, schooling, holidays, etc. It is strongly recommended and must be approved by a Family Advocate or court.
Is the Parenting Plan legally enforceable?
Yes. Once made an order of court or approved by the Family Advocate, it becomes binding. It helps avoid confusion and future conflict.
What happens if we can’t agree on a Parenting Plan?
You are required to try mediation under Rule 41A. If agreement is still not reached, the matter goes to court, where a judge will decide based on reports and the child’s best interests.
What is the process for calculating child maintenance?
Both parents contribute based on income and the child’s needs. There’s no fixed formula, but it must be fair and realistic. Courts look at monthly expenses, school fees, healthcare, and living standards.
Can one parent stop the other from seeing the child if maintenance isn’t paid?
No. Contact and maintenance are legally separate. A child has a right to both parents, regardless of financial issues.
What is mediation and do we need to go through it?
Mediation is a structured process where a neutral mediator helps parents reach agreement on parenting and financial matters. It’s encouraged by courts and mandatory under Rule 41A before litigation.
Do we need lawyers to get divorced?
Not always. For an uncontested divorce, you can use a mediator or do it yourself. For contested divorces or complex matters, legal advice is highly recommended.
What if one parent wants to move far away or relocate?
Any major relocation must be discussed and revised in the Parenting Plan. If parents can’t agree, the court must approve it — and only if it supports the child’s best interests.
Can we change the Parenting Plan later?
Yes. Parenting Plans can be updated as children grow or circumstances change. Both parents must agree, or changes must be mediated or approved by a court.
Can family members (like grandparents) have regular contact with the child?
Yes, if they play a consistent role in the child’s life. Contact with grandparents or extended family can be included in the Parenting Plan or requested through court if denied.
