FAMILY LAW

DIVORCE

Law Practice of Brian L Segal understands the personal and financial difficulties individuals face when going through separation and divorce. With over 40 years combined experience handling issues of separation, divorce, contact, access, care and the distribution of marital property, the attorneys combine a sensitive approach with the determination and expertise to achieve our clients’ objectives.

CHILD CONTACT AND CARE

Law practice of Brian L Segal regularly assists clients with issues surrounding child access, contact and care. Negotiating an agreement that works for all parties involved can be challenging, especially since each parent usually wants to see his or her children as often as possible. Throughout this process, we help each client to work together to co-parent their children always keeping in mind that the best interests of the children are our paramount concern.

CHILD SUPPORT (MAINTENANCE)

Our goal in child support matters is to help our clients develop plans that will provide their children the resources and support they need from both parents. Our attorneys understand that each child support matter is as unique as the family it affects.

PROPERTY DIVISION

The division of property is one of the greatest burdens of the divorce process, mainly because couples generally do not keep records of who owned what before and throughout their marriage. How the family property will be divided up depends on what property regime the couple adopted when they got married. This will usually be covered in the ante-nuptial agreement if there is one or, if there is no pre-marital contract, then it is determined by law.

SPOUSAL MAINTENANCE

Maintenance, is that monetary relief paid by one party to another in respect of one’s personal living expenses or that of a child. There are effectively three sources of such maintenance obligations:
(1) the reciprocal duty of support between spouses,
(2) a successful Court Order in respect of post divorce maintenance and
(3) that maintenance obligation incurred by operation of law.

DOMESTIC VIOLENCE & PROTECTION ORDERS

These orders relate to acts of abuse that have been threatened or committed by a spouse, domestic partner or other family members.
As we assist clients with these types of matters, we listen carefully to their needs and concerns and work as quickly as possible to protect our clients and their rights.

SEPARATION AGREEMENTS

When a relationship ends and partners go their own ways, there can be a great deal of uncertainty as to who will pay previously joint bills, how possessions and assets will be split, and who will look after any children.

For married couples, this separation agreement provides certainty as to how each person will live while a divorce is being settled. It is also suitable for separating couples who are not married.

PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

By setting out each party’s rights and obligations for the marriage before entering into it, pre-nuptial agreements often help a couple preserve their marriage while protecting certain individual assets. In developing these agreements for our clients, we work closely with them to reflect their personal needs and shared goals

COHABITATION AGREEMENTS / DOMESTIC PARTNERSHIP

Current developments in South African law have established that the South African Constitution’s provisions on equality, dignity, and non-discrimination can offer protections to many diverse types of partnerships. Through court cases and legislation, these provisions have successfully been used to expand protections for customary marriages, Muslim marriages, same sex marriages, and civil partnerships.

SURROGACY

Surrogacy is an arrangement between a woman and a couple or individual, to carry and deliver a baby on behalf of the couple or individual. There are a vast amount of legal aspects to consider when entering into such an arrangement. Your attorney will discuss all the various requirements in terms of the Children’s Act that are involved to both parties, the commissioning parents and surrogate mother.

MEDIATION

Mediation is an alternate avenue for resolving divorce and access matters. It requires a commitment from both spouses that they will maintain open, honest communication with an aim of creating solutions that account for both parties’ priorities, as well as those of their children. Mediation is a methodical step-by-step process whereby the areas of both agreement and disagreement are defined. All relevant information is gathered by and shared between the parties.