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...
Family Law
Court Changes divorce act
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...
Recent policy around teenage pregnancy within the South African basic education sector
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...
Court asked to change divorce law to allow spouses married out of community of property right to claim assets
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...
What will happen to me and my children in the midst of a pending divorce?
The 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...
Fathers Rights and Maintenance
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...
Divorce Lawyers: Preparation Beforehand
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...
Customary Marriages and “Izibizo” – Is the Tradition Becoming Extortion
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,...
Fathers’ Rights in Divorce South Africa
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...
Women married under Customary law finally have equal rights during divorce
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...
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