Divorce, Children & Family Law

The marriage must have irretrievably broken down to the point where there's no hope of restoring a normal relationship between the spouses, regardless of the reasons.
According to the marriage and divorce data released by Statistics South Africa on 1 September 2016 the divorce rate is up by almost five percent since 2012.

BLV family law department offers nationwide expert advice and assistance with divorces, separation, custody of children, maintenance orders, ante and post-nuptial contracts.

What are the grounds of divorce?

A court will grant a decree of divorce on two grounds:

  • Irretrievable break-down of the marriage or civil union; or
  • Mental Illness or continuous unconsciousness

The breakdown of the marriage must, for whatever the reasons, have reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between the parties.

What is an unopposed / uncontested divorce?

When the spouses decide to dissolve their marriage, very often they will agree on various aspects such as the division of their property, the payment of the maintenance and custody of children if any. They will then draw up a settlement agreement and the court granting the divorce may incorporate this agreement in the divorce order. If the agreement is incorporated both parties will be bound by the agreement.

What is an opposed/contested divorce?

When the spouses or partners decide to dissolve their marriage but cannot agree on one or more of various material aspects and the matter becomes opposed. If the matter is not settled it will go to trial. It is advisable that the spouses or partners seek legal advice from separate attorneys.


Our highly skilled team assists and guides our clients through the entire divorce process. We understand the unique circumstances of each client and are mindful of the emotional and financial strains that are associated with this particular arena of the law. We assess the likelihood of settlements and determine the best divorce strategy on a case to case basis.


Divorces bring emotional trauma and stress on parents and children. We strive to resolve divorces and child custody matters swiftly, effectively and in all parties’ best interests especially the children’s.