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...
Shani van Niekerk
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...
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,...
Update on Sperm Donor’s Battle to See “His Child”
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...
Sperm Donor’s Battle to See “His Child”
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...
A Giant Leap Ahead for Women’s Rights
“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...
Frequently used legal phrases, and their definitions, in a divorce
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,...
Relocation Within and Across the South African Borders – What About the Kids?
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...
Covid-19: No “Payment Holiday” for Maintenance Payers
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...
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