SB Lawyers was founded by Daniel Schoeman on June 1, 1997. It marked its 27th anniversary on June 1, 2024, and plans to celebrate its half-century anniversary in the future.

Daniel established the firm with a focus on family law and commercial/banking law. In 2005, Yolandie Borman joined the firm. She currently serves as the director of the Family and Child Law division and is co-responsible with Daniel for the Labour Law division of the firm.

At SB Lawyers, we offer assistance with various family and children’s law issues, such as marriage law (both marriages concluded in terms of the Marriage Act and ancillary forms of marriage recognised by the South African legal system, such as customary marriages), marriages concluded in terms of the Matrimonial Property Act, divorce (both with regard to marriages concluded in terms of the Marriage Act and customary marriages),, child care and contact rights (previously termed custody and access rights, but now substituted by terminology in terms of the Children’s Act), parental rights and responsibilities, guardianship law, law of immigration of spouses and children, maintenance towards children, proof of paternity, children's rights etc. Due to evolving court principles, family and children's law can be complex and constantly changing, requiring specialised knowledge and expertise. These matters are primarily governed by the Marriage Act, the Recognition of Customary Marriage legislation, the Matrimonial Property Act, the Divorce Act, the Children’s Act, the Maintenance Act, the Reciprocal Enforcement of Maintenance Orders legislation, as supplemented by the remaining common law principles not substituted by statute.

We believe and realise that, to be a family law practitioner, one must be passionate about people and always act honestly. This is continuously upheld irrespective of the nature of the dispute, as family law is emotionally loaded with advice and decisions that impact the lives of others.

There are various avenues of law, each with its own specialisation. With this in mind, qualified attorneys should avoid taking on matters with which they have limited experience. This is especially important in family law matters that are incredibly intricate, detailed, and emotionally loaded.

Two main marital systems exist in South Africa,, namely marriages concluded in community of property and out of community of property. Within these two main systems, so-called “sub-systems or categories” can be defined, such as marriages concluded applying the accrual system or excluding the accrual system, as regulated by the Matrimonial Property Act. The law relating to customary marriages recognise customary marriages concluded in terms of accepted traditional customs in South Africa and include a wide variety of what kind of marriages may be categorised as customary marriages. Without being specific and, as a general statement, the South African laws also recognises, amongst others, Muslim marriages, Hindu marriages and marriages that may involve different cultures or religions. The Divorce Act makes a distinction for certain purposes between marriages concluded before 1 November 1984 and there after, but in a recent so-called “Rubicon”-judgement by the Constitutional Court, the distinction between marriages concluded out of community of property before 1 November 1984, and those concluded thereafter, became unconstitutional (excluding marriages out of community of property applying the accrual system). The consequence of the judgement of the Constitutional Court is that a court with jurisdiction regarding divorces, may disregard the provisions of the ante-nuptial contract separating the parties’ estates for the purpose of divorce or death, and substitute such with a more just and equitable redistribution of assets. The marital system elected directly impacts on the manner in which the estate(s), if any, will be dealt with.

The marital system elected are carefully worded and agreed to in a antenuptial contract, prepared by legal practitioners.

Spousal maintenance is also considered in a divorce case, with factors such as marriage duration, parties' ages, standard of living, financial obligations, and reasons for the marriage breakdown taken into account.

At SB Lawyers, we know that, understanding the marital system and ancillary concepts, is crucial in matrimonial / divorce matters.

Before the Children’s Act, "custody" referred to the parent the child lived with, but is now referred to as primary residency and care. When a dispute exists about the residency and care of a child or contact rights, the matter is normally referred to the office of the Family Advocate to investigate on the best interests of the children and make a recommendation by filing a report. It often happens that parties elect to appoint a psychologist or other expert to assist with an assessment of what is in the best interests of minor children, thereby perhaps, not necessarily referring the dispute to the office of the Family Advocate. Ultimately, the courts are reluctant to grant divorce orders incorporating a settlement agreement in which the rights of minor children are involved, without seeking the endorsement of the Family Advocate. There are, however, circumstances where the court may substitute or deviate the recommendation of the Family Advocate. Ultimately, the court is the upper guardian of minor children, and the court has the “final say” in this regard.

After a divorce, a parent can seek to alter the parental rights and responsibilities of a parent towards a minor child, including but not limited to altering any order pertaining the primary care and residency of a child or contact rights towards a child. Orders pertaining minor children are not “cast in stone” and any court may, depending on changing circumstances order the necessary altering of parental rights and responsibilities of a parent towards a child. The “golden thread” that is emphasised in the Children’s Act, is not the best interests of the parent(s), but the best interests of the child.

At SB Lawyers, we strongly believe that resolving parental rights and responsibilities disputes between parents pertaining minor children, should always be tested against the best interest of the child principle / test and not according to the wishes of anyone parent. Such considerations require patience, knowledge, and dedication from attorneys.
The marital system elected are carefully worded and agreed to in a antenuptial contract, prepared by legal practitioners.
Spousal maintenance is also considered in a divorce case, with factors such as marriage duration, parties' ages, standard of living, financial obligations, and reasons for the marriage breakdown taken into account.

At SB Lawyers, we know that, understanding the marital system and ancillary concepts, is crucial in matrimonial / divorce matters.

The principle is that both parents must contribute to a child's reasonable needs in proportion to their respective monthly income. The normal test to be applied is, first of all, what is a specific child’s reasonable needs and, once is such is established, the proportionate test as to respective income is applied to arrive at what portion each parent should contribute towards the child’s reasonable maintenance needs / requirements. For the purpose of applying the proportionate test, not only income, but also capital resources, may be taken into account. Children are to be supported until they become self-sufficient, and the duty to support does not end when a child reaches the age of 18. The question of when a child is deemed to be self-sufficient, is sometimes difficult as each household has a different “fingerprint” as to what the parents perceived to be the future test of becoming self-sufficient. Some parents may have foreseen a tertiary education for their child(ren) in order to become self-sufficient. Others may have deemed grade 12 or some kind of post-grade 12 qualification as the deemed level of self-sufficiency. Different factors may be taken into account in determining this question, amongst others, whether the parents themselves are qualified post-grade 12, study-provision etc.

At SB Lawyers, we approach each maintenance case on its own merits and understand the long-term repercussions.
The marital system elected are carefully worded and agreed to in a antenuptial contract, prepared by legal practitioners.
Spousal maintenance is also considered in a divorce case, with factors such as marriage duration, parties' ages, standard of living, financial obligations, and reasons for the marriage breakdown taken into account.
At SB Lawyers, we know that, understanding the marital system and ancillary concepts, is crucial in matrimonial / divorce matters.

The Children’s Act protects children's rights, ensuring their best interests are served and safeguarding them from maltreatment. It allows children's views and wishes to be considered (although not necessarily to be decisive) and generally grants them the right to maintain contact with their parents and extended family. The Act emphasises the importance of respecting and listening to the views and wishes of children who are of such an age and level of maturity that they can express an uninfluenced wish and which we, at SB Lawyers, underwrite. The question often arises as to what is defined as the “extended family”, but such also depends on the circumstances of each case and, possibly, the culture and religion of the parents.

We experience that, more often than not, grandparents / grandfathers / grandmothers may make claim to, automatically, have and share parental rights and responsibilities as if they are the natural parents of the child(ren) born out of a relationship. This often gives rise to much animosity and costly litigation as parents may be, “behind the curtains”, be dictated by grandparents / grandfathers / grandmothers as to what is in the best interests of the minor child(ren) - which is not always conducive to the best interests of the child(ren).
After a divorce, a parent can seek to alter the parental rights and responsibilities of a parent towards a minor child, including but not limited to altering any order pertaining the primary care and residency of a child or contact rights towards a child. Orders pertaining minor children are not “cast in stone” and any court may, depending on changing circumstances order the necessary altering of parental rights and responsibilities of a parent towards a child. The “golden thread” that is emphasised in the Children’s Act, is not the best interests of the parent(s), but the best interests of the child.

At SB Lawyers, we strongly believe that resolving parental rights and responsibilities disputes between parents pertaining minor children, should always be tested against the best interest of the child principle / test and not according to the wishes of anyone parent. Such considerations require patience, knowledge, and dedication from attorneys.
The marital system elected are carefully worded and agreed to in a antenuptial contract, prepared by legal practitioners.
Spousal maintenance is also considered in a divorce case, with factors such as marriage duration, parties' ages, standard of living, financial obligations, and reasons for the marriage breakdown taken into account.

At SB Lawyers, we know that, understanding the marital system and ancillary concepts, is crucial in matrimonial / divorce matters.

Our primary goal as family law attorneys is to resolve disputes through mediation and negotiation rather than immediately resorting to litigation. We facilitate communication and work towards finding mutually beneficial and acceptable solutions that prioritise the best interests of both parties involved in a given case.

In litigation, family law attorneys represent their clients in court. We prepare and present strong legal arguments to protect our client's rights and best interests throughout the legal process.

As family law attorneys, we provide expert legal advice and guidance to our clients based on our knowledge of South African family law. We help individuals understand their rights, legal options, and obligations under the law, enabling them to make informed decisions and navigate their cases effectively.

Family law matters involve a lot of paperwork, including reviewing and drafting legal documents like pleadings, notices, applications and settlement agreements. We take pride in our work and see to it that the documents accurately comply with all legal requirements.

Family law attorneys in South Africa play a crucial role in the legal system, offering valuable assistance to individuals and families with legal issues. If you need trustworthy legal representation, SB Lawyers provides reliable expertise and ethical service.

Let us provide you with a legal solution

Address : L0-T1, Ground Floor, North Wing, Riverwalk Office Park, Cnr of Garsfontein Road & Matroosberg Road, Ashlea Gardens, Pretoria.

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About Us

Schoeman Borman Incorporated, practicing as Schoeman Borman Attorneys, is situated at L0-T1, Ground Floor, North Wing, Riverwalk Office Park, Cnr of Garsfontein Road & Matroosberg Road, Ashlea Gardens, Pretoria.

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