Family & Matrimonial Law
Matrimonial proceedings, maintenance, custody and guardianship, domestic violence matters and succession.
Overview
Family matters are conducted with discretion and, wherever the parties permit, with an attempt at settlement before contest. The chamber appears before the Family Court and in related proceedings under personal and secular law.
Matters ordinarily handled
- Divorce by mutual consent and contested petitions
- Maintenance and interim maintenance
- Child custody, visitation and guardianship
- Domestic violence proceedings
- Restitution of conjugal rights and judicial separation
- Succession certificates, wills and probate
How a matter usually proceeds
- Confidential consultation on the circumstances and objectives
- Advice on jurisdiction, applicable personal law and available relief
- Attempt at settlement or mediation where appropriate
- Filing of the petition and interim applications
- Evidence and hearing
- Decree, and enforcement or appeal as required
This is the ordinary course. Any particular matter may take a different one.
Questions clients ask
Is a mutual consent divorce faster than a contested one?
Generally yes, as it avoids a trial, but statutory waiting periods still apply and the court must be satisfied that consent is free.
Are family court proceedings public?
Family Court proceedings are conducted in camera, and the chamber treats all information shared as confidential.
Can maintenance be claimed while the case is pending?
Interim maintenance can be applied for during the proceedings. Entitlement and quantum depend on the facts.