The Gauteng Family Law Forum: Shaping the future of family law in South Africa

December 1st, 2024
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The field of family law touches nearly every member of society at some point in their lives, with outcomes that often have a lasting impact on the most vulnerable among us. In spite of this, the significance of family law has often been downplayed. Recognising the importance of this field to the community at large, the Gauteng Family Law Forum (GFLF) stands as a beacon of progress and collaboration for legal practitioners specialising in family law.

Founded in response to a compelling call by Judge President Dunstan Mlambo during the first annual Family Law Conference in 2014, the GFLF was established to unite family law practitioners in a common mission: To enhance the practice of family law, ensuring that justice is served in a manner that truly benefits families, children, and society as a whole.

A collaborative force for positive change

Since its inception in March 2015, the GFLF has grown from a small group of 28 dedicated legal professionals to a thriving association of 158 members across Gauteng. The forum has inspired the formation of similar groups in other provinces, all reflecting its successful model of collaboration and shared purpose.

Members of the GFLF include attorneys, counsel, and legal academics, all of whom subscribe to a code of practice designed to prioritise constructive, resolution-focused approaches to family law matters. This commitment to professionalism and integrity is at the heart of the GFLF’s mission.

Advancing family law practice

The GFLF has been instrumental in initiating and driving meaningful reforms within the family law landscape. Among its many achievements, the forum has played a pivotal role in:

  • Introducing compulsory financial disclosure: The GFLF spearheaded the introduction of a mandatory Financial Disclosure Form (FDF) to ensure transparency and fairness in dealing with the proprietary issues in opposed divorce actions.
  • Streamlining family law courts: The forum has worked closely with the judiciary to establish more efficient family law courts in Johannesburg and Pretoria, expediting the hearing of family law matters.
  • Supporting judicial decision-making: The GFLF assists courts when requested to do so by nominating experts when parties are unable to agree on such an expert. These nominations are made based on the particular issues and facts, thereby ensuring that decisions are fair and informed through the application of the appropriate expertise and experience.

The GFLF’s efforts extend beyond these practical reforms. The forum has also prepared detailed submissions on draft legislation, such as the draft Marriage Bill, 2022, ensuring that the voice of family law practitioners is heard in the legislative process.

Building stronger connections with the judiciary

A cornerstone of the GFLF’s success is its close relationship with the judiciary. This partnership allows the forum to address practical issues raised by its members, such as inconsistencies in practice directives and their implementation. The regular circulation of relevant case law, both reported and unreported, is a valued benefit of membership, keeping practitioners informed and prepared.

Looking ahead: Current projects

The GFLF is currently engaged in several key initiatives aimed at further improving the practice of family law in Gauteng:

  • Case Law Manual: A practical and comprehensive guide for judicial officers dealing with over 30 family law topics, designed to assist in the swift, efficient and just resolution of cases.
  • Streamlining trial dates: A proposal to the judiciary to create a more uniform approach in applying for, and allocating trial dates in family law matters, building on progress already made in Pretoria.
  • Assisting Regional Courts: Collaborating with the Pretoria Central Regional Court to streamline the processing of unopposed divorces on affidavit, reducing the burden on the courts and the parties involved.
Join the movement: The importance of participation

The GFLF’s ability to effect change depends on the active participation of its members. As the forum continues to grow, it particularly seeks to involve more practitioners from Pretoria, ensuring that their specific needs and concerns are addressed.

By joining the GFLF, family law practitioners have the opportunity to shape the future of family law in South Africa, making a real difference in the lives of the people they serve.

For more information on the GFLF and how to become a member, visit the GFLF’s website at https://gflf.co.za. Together, we can continue to advance the practice of family law and ensure justice for all.

 

Lauren Christie BSc BCom LLB is co-secretary of the Gauteng Family Law Forum and a legal practitioner at Clarks Attorneys in Johannesburg.

This article was first published in De Rebus in 2024 (December) DR 8.

 

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