Family & Divorce Law.

Where You and Your Family’s Needs Come First.

Family Law Attorneys

As one of the leading family law and divorce law firms in South Africa, we offer a wide range of legal services tailored to meet the diverse needs of our clients. Our expert attorneys provide comprehensive legal assistance for all types of family matters including divorce, child custody and more. We offer our clients a holistic approach (which includes access to our extensive network of specialised advocates, psychologists, mediators, property valuers, maintenance court experts, forensic accountants, tracing agents, private investigators and social workers). We understand that family law matters are often fraught with emotion and acrimony and our specialist family law attorneys will guide you through the process and advise you on each and every step of the way from beginning to end. Each person’s situation is unique and requires a tailored and bespoke approach. Your best interests are always of paramount importance to us and we aim to give you peace of mind that you are legally covered. We pride ourselves on providing an exceptional standard of service and work to our clients and we are committed to guiding and supporting you throughout the process.

Why Choose Us?

When it comes to family law and divorce matters, choosing the right legal representation is crucial. Here's why you can trust our family law attorneys:

Expertise: Our team of family lawyers are highly skilled and experienced in handling complex family law cases. We stay updated with the latest changes in family law regulations in South Africa to ensure that our clients receive the best legal advice.

Compassion: We understand that family matters can be emotionally challenging. Our family lawyers approach each case with empathy and sensitivity, providing personalized solutions that prioritize the well-being of our clients and their families.

Client-Centric Approach: Our clients are our top priority. We take the time to understand your unique situation, listen to your concerns and provide tailored legal solutions that align with your best interests.

Our family law attorneys experience includes advising on all aspects of:

  • Adoption

  • Antenuptial Contracts

  • Children’s Rights

  • Civil Unions

  • Co-habitation Agreements

  • Collaborative Divorces and Collaborative Law

  • Curatorship

  • Domestic Partnerships

  • Divorces (contested and uncontested)

  • Divorce Mediation

  • Family Trusts

  • Guardianship Applications

  • International Relocation with Minor Children (where both parents consent to the child leaving SA or where the consent of the High Court is sought)

  • Maintenance - Child Maintenance, Spousal Maintenance

  • Parenting Plans

  • Parental Rights and Responsibilities towards their Children

  • Primary Residence, Care of and Contact with Children

  • Protection Orders

  • Reproductive Law

  • Rule 43 Interim Maintenance

  • Separation Agreements

  • Surrogacy Law

  • Urgent Applications

Top Divorce Attorneys

Going through a divorce is an exceptionally difficult time that requires you to make life-changing decisions about your future. At Barter McKellar, we pride ourselves on being one of the top divorce law practices in South Africa with our head office situated in Linden, Randburg, Johannesburg. Our savvy divorce lawyers have extensive experience in this field of law having handled complex and high profile divorces (which have involved high net worth individuals), which have commercial elements intertwined with the family law aspects. We pride ourselves on providing our clients the highest degree of discretion. Our divorce attorneys have also handled national and international divorces (e.g. divorces where one spouse is a South Africa resident and other is from another country, foreign divorces of ex-South Africans and international maintenance cases (regulated by the Reciprocal Enforcement of Maintenance Orders Act).

As specialist divorce litigation attorneys, our divorce lawyers are known to be tough and strategic litigators who often go head-to-head with other highly recognized divorce attorneys and law firms in South Africa. Our divorce attorneys are pragmatic, personable and able to effectively advise you on all aspects of your divorce. Quite often, divorce proceedings give rise to ancillary proceedings e.g. like maintenance applications for spouses and children. Our goal is to place you in the best possible position to get the outcome you want, so that you can continue with your life post divorce.

If you need expert legal assistance for any family law matter in South Africa, don't hesitate to contact our team of experienced family lawyers. We are committed to providing professional, compassionate and client-centric legal services. Call us today to schedule a consultation and let us help you navigate the complexities of family law with confidence.

  • It is becoming increasingly common for couples to live together without being legally married to one another. This is what is meant by co-habitation.

    In South Africa, there is no legal concept of a common law marriage, and as a result, couples living in cohabitation arrangement do not enjoy the same rights as a legally married couple. It is for this reason, that it is advisable that such couples enter into a co-habitation agreement which governs this arrangement.

  • A contested divorce is where a married couple are unable to agree either to get divorced or upon the terms applicable to their divorce. As a result, contested divorces are commenced by having a summons issued at court and then served personally on your spouse (i.e. defendant) by the sheriff of the court and involve going through all the various stages of litigation to obtain a judgment or divorce decree.

  • In an uncontested divorce, there is no dispute or argument over any issues pertaining to the marriage e.g. property division, child custody and support. Both spouses are in agreement about all the aspects of their divorce and the court is not required to make decision over any dispute.

    Barter McKellar’s uncontested divorce attorneys can assist you with drafting a legally binding settlement agreement. This agreement is then endorsed by the Offices of the Family Advocate prior to the court granting the divorce order.

  • A collaborative divorce is where both divorcing parties agree to hire a "collaborative lawyer". The lawyers and parties then agree that, so long as a so-called collaborative lawyer represents each side, the attorneys will serve their clients only during negotiations.

  • Spousal Maintenance entails where one spouse pays maintenance to the other spouse during or following a divorce.

    Spousal maintenance is a discretionary award made by a Court of law.

  • Barter McKellar’s top adoption attorneys are able to assist with advice and guidance on all matters related to adoption. Adoption legally places a child permanently with parent/s who may not be biologically related to the child and the parental rights of the biological parents are terminated while handing over the parental rights and responsibilities to the adoptive parents. After the process, the adopted child is regarded as the child of the adoptive parents.

  • Our Child Maintenance Attorneys are able to assist with advising on all aspects pertaining to your child/rens maintenance requirements. Child maintenance, which is also known as child support, is a compulsory obligation on a parent to financially contribute to the benefit of a minor child/ren following the end of a marriage or other relationship.

    All parents are required to support the financial needs of their children, irrespective of whether they are married, living together, separated or divorced. Maintenance or the financial needs of minor child includes, inter alia, clothing, housing, dental and medical care and education. Parents have a duty to maintain the child according to their respective means and the circumstances and needs of the minor child. If the child’s parents are unable to contribute to maintenance towards the minor child, the biological grandparents may need to pay maintenance.

  • This is also colloquially referred to as child custody or access. Contact is about keeping in touch with a child even where a parent is not be living in the same home. It is about talking and/or seeing the child often enough to develop and maintain a relationship with the child.

  • A parenting plan is a written agreement between parents setting out each parent’s parental responsibilities and rights in respect of the minor child/children.

    This agreement should make provision for all material issues relating to the upbringing of the minor child/children, e.g. primary residence, contact arrangements, schooling, religious upbringing and financial needs and contributions.