In most divorces, either one of or both the parties feel wronged and aggrieved by either having to share their assets, or having any assets included in the calculation of the accrual. The Pretoria High Court recently ruled that a woman’s infidelity amounted to...
In many broken marriages the parties elect to remain married until their children have reached the age of majority or left the matrimonial home to obtain a tertiary education. The reality of the situation is, however, that many children between the age of 18 and 22 or...
Gone are the days where spousal visas of a foreigner, who has parental responsibility and rights in South Africa, expire upon the termination of the spousal relationship which formed the basis of the visa. Foreign parents and caregivers of South African children shall...
On 11 May 2022 the Pretoria High Court ordered that Section 7(3)(a) of the Divorce Act, 70 of 1979, is declared inconsistent with the Constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of...
Teenage pregnancy remains a fundamental crisis amongst the youth in South Africa, particularly amongst high school pupils. Over the years, there has been an increasing number of calls for greater measures to be implemented by various stakeholders in an effort to...
Pretoria - The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial...
The start and end of the festive season sadly sees an expected rise in the onset of divorce actions. These leave many people anxious about what will happen to them financially pending divorce actions, this includes whether they will see their children or how financial...
Within South Africa, one can enter into a customary marriage or a civil marriage. Both are valid forms of marriage; however, a customary marriage permits polygamy (having multiple partners), whereas a civil marriage requires a monogamous relationship (two parties...
We often read or hear stories on social media or from friends about fathers of children born out of wedlock finding it difficult to assert and exercise their parental rights and responsibilities. The most common challenge which unmarried fathers face is being denied...
The Covid-19 pandemic has taken its toll on many marriages, with the divorce rate climbing to unusual heights. Family Law attorneys were inundated with divorce queries throughout the lockdown levels, and continue to receive multiple queries daily subsequent to the...
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