Client Interview: Divorce & Custody
Conduct a 45-minute first consultation with Ms Zanele Dlamini, a Soweto primary-school teacher seeking a divorce from her contractor husband of 8 years and primary care of their two minor children. Build rapport, extract facts across matrimonial, financial and childrens issues, and draft an advice letter covering Rule 43 interim relief.
Your role
Attorney at Family Law Chambers
Scenario
THE CLIENT Ms Zanele Dlamini (36), ID 8909127654088, Grade 3 educator at Meadowlands Primary School earning R28,412 net per month plus a 13th cheque. Married 14 December 2018 to Mr Bongani Dlamini (41) in community of property (no ANC registered). Two children: Thabo (b. 3 July 2020, age 6) and Naledi (b. 21 November 2022, age 4). Family home: 12 Vilakazi Street, Orlando West (bonded, R1.85m outstanding on R2.4m Absa bond in joint names). THE HUSBAND Bongani is a self-employed building contractor trading as BD Projects (sole proprietor, not a CC). Declared income for 2025 tax year: R412,000 (SARS ITA34 seen by client). Client suspects true income is R70,000–R90,000/mo based on lifestyle (new Ford Ranger April 2026, weekend trips to Ballito). He owns an inherited plot in Ermelo (Erf 44 Wesselton, value ~R680,000) which he insists is his separate estate — but no ANC exists. THE PRECIPITATING EVENTS On 3 May 2026 (a Sunday) Bongani slapped Zanele across the face during an argument about a WhatsApp message from a woman named Kholeka. Thabo (6) witnessed the incident. Zanele reported it to Orlando Police Station (CAS 118/05/2026) but has not applied for a protection order. On 15 May Bongani moved out to his mothers house in Dobsonville. He has since deposited only R2,000 into the household account (normally R18,000/mo) and told Zanele to get a lawyer if she wants money. CHILDREN Thabo is in Grade R (school fees R850/mo). Naledi is at Little Stars Crèche (R2,400/mo). Both currently in Zaneles primary care. Bongani has seen them twice since 15 May (both times for 2 hours on a Saturday). Zanele is not opposed to reasonable contact but wants primary residence and full parental responsibilities under s18(2)(a)–(d) Childrens Act. CLIENT GOALS 1. Divorce on ground of irretrievable breakdown (s4(1) Divorce Act 70/1979). 2. Primary residence of both children; defined contact for Bongani. 3. Interim maintenance pending divorce (Rule 43): R12,000 for children + R6,000 spousal + retention of medical aid + occupation of family home. 4. Fair division of joint estate — client worried Bongani will dispose of the bakkie and Ermelo plot. 5. Protection order — client undecided. APPLICABLE LAW Divorce Act 70 of 1979 ss 4, 6, 7(2), 8; Childrens Act 38 of 2005 ss 6, 7 (best interests), 18, 21, 28; Matrimonial Property Act 88 of 1984 (in community of property regime); High Court Rule 43; Domestic Violence Act 116 of 1998; Mediation in Certain Divorce Matters Act 24 of 1987 (Family Advocate); FS v JJ 2011 (3) SA 126 (SCA) on childrens best interests. ETHICAL CONSTRAINTS Legal Practice Act 28/2014 & LPC Code Rule 3 (fee disclosure); Rule 18 (avoid conflicts — do NOT accept if firm has previously acted for husband); no contingency fees permitted for divorce/maintenance under Contingency Fees Act 66/1997.
Learning outcomes
- Structure a first client interview
- Apply the Children's Act best-interest test
- Advise on Rule 43 interim relief
- Communicate fees and process transparently
Tasks you'll complete
Open the Interview
Write your opening (confidentiality, purpose, time, fees) in 150 words.
Fact & Issue Map
Structured fact map identifying divorce grounds, matrimonial property issues, and children's issues.
Advice Letter
Follow-up letter of advice covering next steps, Rule 43, mediation, and cost estimates.
Document pack
You'll receive 5 case documents when the simulation starts.