April 21, 2021

Who is responsible for a child’s wellbeing?

By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship […]
November 25, 2020

Understanding a child’s best interests

Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every […]
January 17, 2018

MY EX’S NEW PARTNER IS ABUSIVE TO MY CHILDREN

It is important for a child to have access to both parents, and in a situation where both parents were actively involved in the child’s life, […]
October 18, 2016

CUSTOMARY MARRIAGES AND COMMUNITY OF PROPERTY

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. […]
October 18, 2016

DO I NEED AN ANTENUPTIAL CONTRACT BEFORE MARRIAGE?

An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community […]
February 11, 2016

HOW TO CHANGE YOUR MARITAL STATUS TO ANOTHER FORM OF MARRIAGE CONTRACT

Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change […]
January 13, 2016

IS IT BENEFICIAL TO CREATE A TRUST?

A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either […]
October 22, 2015

WHAT IS THE ROLE OF THE FAMILY ADVOCATE?

The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce […]