This area of the law governs matters related to family relationships, including but not limited to marriage, separation, divorce, child custody, adoption, and co-habitation.

Sometimes, parties to a relationship may want to have a legally binding agreement in writing before getting married or signing a marriage certificate. In that case, options such as a pre-nuptial agreement could be explored by parties who seek to protect their individual assets. These agreements may entail rights and responsibilities, division of assets, and care of children upon dissolution of the marriage.

Wills & Probate

A single individual may also choose to preserve assets and have them shared upon his or her demise through appointed executors and the court. This process is known as Wills & Probate. A will is a legal document that outlines how a testator’s properties and affairs should be handled after death. It can specify who will inherit property, appoint guardians for children, and name an executor to manage the estate.

Probate comes into play after a testator passes away. The will is validated, and the testator’s assets are distributed to beneficiaries according to the will. If the person dies intestate, meaning without a will, the estate will be distributed according to the Estate and Intestate Act.

The probate process can involve court proceedings through letters of administration. The court appoints an administrator and ensures that debts are paid and assets are distributed properly to beneficiaries.

Child Custody

After a relationship breakdown, in cases where children are involved, both parents are expected to act in the best interests of the child. To do this, child support arrangements may need to be set up. If you want to know more about your rights, need help with the legal side of child matters, or want advice on whether a current agreement is legally sound, Dunn Law Firm advises and represents clients on a broad range of family law matters relating to children, including:

• Child maintenance arrangement orders
• Guardianship
• Child education and fee arrangements
• Financial provision for children
• Taking children to live or travel abroad

In cases where one parent does not show interest in the care and upbringing of the child, the other parent who assumes full responsibility may apply to the court for full custody and parental responsibility.

Grounds for Divorce

In matters of divorce, the court must be satisfied that the relationship has broken down beyond reconciliation. To dissolve a marriage, one of the following five grounds must be established:

• Adultery: Your spouse has had intercourse with someone of the opposite sex and, as a result, you no longer wish to remain with them.
• Unreasonable behaviour: This could involve mental or physical cruelty, abuse, or failure to carry out marital duties and responsibilities.
• Agreed separation: You and your spouse have lived separately for two years, and both parties agree to divorce.
• Desertion: Your partner has deserted you. To establish this, you must have been living apart for two years or more. However, desertion can be difficult to prove, as the court may not view the absence of your partner as desertion depending on their demonstrated intention.