Courtney Elson

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 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 […]

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 […]

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 […]

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 […]

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 / […]

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.