Family Law

November 18, 2021

The validity of an Antenuptial Contract

John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed […]
November 10, 2021

Can I refuse to pay maintenance if I am denied access to my child?

Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or […]
October 14, 2021

Important concepts defined in The Domestic Violence Amendment Bill

The Domestic Violence Amendment Bill (the Bill) was introduced in the National Assembly in September 2020 but has yet to be signed  into law by the […]
October 14, 2021

Welcome to your children’s new classroom: Your home

Since the beginning of the pandemic and the subsequent lockdowns, children have been obliged to approach their education in a whole new way, while parents have […]
October 14, 2021

High court reverses the discriminatory black marriage law

In the Edelstein judgment, which was handed down in 1952, the Appellate Division (as it then was) held that there is a rebuttable presumption that all […]
September 8, 2021

Can I claim interim relief pending my divorce suit?

Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties […]
September 8, 2021

A child’s best interests and the adoption procedure

‘The best interests of a child’ is a concept deeply entrenched in our legal system – especially since the new constitutional dispensation. Section 28(2) of the Constitution provides that “A child’s […]
August 17, 2021

Marriage may finally become equal for all

Being a person’s spouse could have varying tax consequences, particularly where they are married in community of property. Currently, for income tax purposes, you are deemed […]
May 21, 2021

Understanding maintenance responsibilities

The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled […]
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