Family Law

Most family law practitioners will tell you that December truly is silly season! We are usually tasked with planning family holidays for Christmas, to ensure that children are able to spend time with their families, as we all wish to do. For one family, this was incredibly important. Joy*, a four-year-old little girl was sexually […]

GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES: Section 4(3)(b) of the Recognition of Customary Marriages Act 120 of 1998 states that a customary marriage entered into after the commencement of the Act must be registered within a period of three months after conclusion of the marriage or within a longer period as the minister may […]

The world was informed of the Kolisi divorce via social media and shortly thereafter various memes, jokes, unsolicited opinions, recommendations, and the like followed. It is heart-wrenching that South Africans are unable to acknowledge the great trauma and heartache that the Kolisi family is currently enduring. South Africans are known for their great sense of […]

The importance of having an antenuptial contract drawn up is often lost when you are caught up in the magical whirlwind of planning your special day, and the excitement of starting your happily ever after fairytale. The very last thing you are thinking is “what will happen if I get divorced”. You are not even […]

The Divorce Amendment Bill has been signed into law, which means that Muslim marriages are now recognised in South African law, and the rights and interests of women and minor and dependent children in these marriages are now safeguarded and protected. Muslim couples who choose to marry according to Islamic or Sharia law are now […]

On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court. The Court invited Adams & Adams Attorneys, together with the Gauteng Attorney’s Association, to join the proceedings as Amicus Curiae to assist the Court in […]

 Adams Adams Africa · Hot 102.7 – 11-10-2023 | Constitutional Court Changes the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is 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 community of […]

The needs and requirements of minor children are a vast galaxy of intricate concepts regulated by a minor child’s guardian. In terms of the South African Children’s Act (38 of 2005) a minor child’s biological parents automatically have parental rights and responsibilities, which include guardianship. A guardian must administer and safeguard a child’s property, assist […]

The legislature continues to play catchup in Family Law to ensure that the law is aligned with the Constitution and the goals which South Africa wishes to receive as a democracy, including equality. Our legislation as it stands does not regulate some religious marriages in South Africa, such as Muslim marriages. As a result, Muslim […]

Twenty-nine years into democracy, our society continues to evolve and undertake efforts to reverse the injustices of our past. The legislature plays a huge role by changing legislation to ensure that it is in line with the goals South Africa wishes to achieve. The most recent proposed change, which we welcome, is the Draft Marriage […]

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 substantial misconduct and, as such, she forfeited her right to share […]

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 even older in some instances, are still in […]

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 now be allowed to remain in South Africa, even after their relationship […]

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 community of property entered into before the commencement […]

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 prevent this ongoing crisis within our education system.  Whether it be in the form […]

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 contribution to the marriage. The estranged wife of a wealthy farmer turned […]

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 commitments will be met, or even how to pay the […]

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 entering into a union). The recognition of the Customary Marriage Act was established in order to […]

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 contact to their children due to customary traditions and/or being subjected to […]

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 relaxing of the levels. Divorce is especially difficult when there are children involved. There is […]

South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade. However, unfortunately, with time the most sacred traditions are being opened up to abuse. In many South […]

The Children’s Act 38 of 2005 is watershed legislation designed to achieve many purposes, prime among them is ensuring the best interests of the child are guarded and treated as of paramount importance in any matter concerning a child. The Children’s Act may also go a long way in resolving archaic and gender-powered relations within […]

CAPE TOWN – Women married under customary law will soon have equal rights to marital assets should they divorce. Their children will also have increased rights to inheritance. These are two major amendments made to the Customary Marriages Act passed by Parliament last month. Up until now, women married under customary law before 1998, had […]

Women are increasingly using sperm donors to get pregnant, either because they are in a same-sex relationship or because they are single but yearn to be a mother. The burning question that’s increasingly being posed, is whether the men whose sperm is used are dads or merely donors. It is this question being grappled with […]

In May 2015, a Gauteng man donated sperm to a same sex couple in terms of a sperm donor agreement. In terms of the agreement, the man agreed that he would neither make contact with, nor would he be entitled to any rights to the child to be born from the donation. The fertilization was […]

“Human rights are women’s rights, and women’s rights are human rights” The cabinet has approved the submission of the recognition of Customary Marriages amendment bill of 2019 to Parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against woman in customary marriages but was declared constitutionally invalid, and has […]

The festive season has come to an abrupt stop and as people are returning to work from a rather unusual Festive season in 2020, family law lawyers are being inundated with new divorce enquiries. The “divorce season” has always existed directly after festive periods, and especially during the first few weeks following the December / […]

It is expected of divorced parties to close the old book and start a new life after what is usually a traumatic and most definitely a life-changing experience. Very often a new life does not only include a new haircut and wardrobe but also a new province or even a new country. It is an […]

A recently published report on Statistics SA has given insight into the divorce rate in South Africa; however, the report only reveals divorce rates up to the year 2018. The COVID-19 lockdown periods saw a significant (20%) increase in the number of divorce requests, while divorced and separated individuals struggled to navigate the blurred lines […]

It often happens that a married person does not understand the legal consequences of their marriage. Even worse, parties to a marriage sometimes only realise afterwards that their marriage is not recognised as a legally binding marriage in terms of our legal system. Below is a brief explanation of the validity and consequences of marriages […]

The end of “lockdown” in South Africa is uncertain.  The devastating effect on the economy and households will be a reality for a time to come.  Unfortunately the most vulnerable members of society are the hardest hit. While both men and women are the victims of gender-based violence and domestic violence, the statistics show that […]

There is a lot of uncertainties and inconsistencies regarding customary marriages in South Africa. The law around customary marriages continue to be developed on a case by case basis.

When lockdown was initially imposed children were required to remain solely with one parent holding parental responsibilities and rights and to not travel between other co-holding responsible persons. These parental responsibilities and rights can extend to others, like guardians and caregivers if appointed as such by the Court.

The enforcement of “lockdown” by President Cyril Ramaphosa on 27 March brings with it much uncertainty and unchartered territory, in all aspects of life.  The full extent of this worldwide pandemic is yet to be seen, understood or experienced.  Uncertainty is at the forefront of the thoughts of most people.

Divorced and separated parents, as well as co-holders of parental rights and responsibilities, such as guardians, have been rolled yet another dice in the exercise of their respective contact rights during the lockdown period.

Tommy and Tigger Terry projects the painful reality of divorce through the eyes of a boy thrust in the middle of an ugly tug-of-war. This new children’s book tackles the distressing reality of children and teens impacted by family breakdown

When mom and dad decide to get a divorce, the effects on children are frequently often overlooked. What are the responsibilities of the parents and the divorce attorneys?

Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a “long and difficult” struggle to have another baby. How does surrogacy work in South Africa?

Planning your ‘happily-ever-after’ is no easy feat. Between finding a venue, coming up with a world war-thwarting seating plan and orchestrating photography and flowers, couples find themselves managing a lot during the engagement period. Understandably then, the conclusion of the marriage agreement between two persons hardly receives the due consideration and attention it requires. For […]