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  • Article

    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.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    Constitutional Court Reforms Divorce Act

    On 10 October 2023, the Constitutional Court of South Africa delivered groundbreaking judgments in two separate but interconnected cases, both challenging the constitutionality of Section...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
Article

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...
South AfricaFamily and Matrimonial
Adams & Adams
Adams & Adams
  • Article

    South African High Court Rules In Favour Of Non-disclosure In A Paternity Fraud Case

    In the case of MN v BN, the Bloemfontein High Court refused to grant damages to the plaintiff (the former husband of the defendant) who sought compensation for financially supporting a child...
    South AfricaFamily and Matrimonial
    ENS
    ENS
  • Article

    Prescription Of A Judgement Debt – How It Can Impact Both Your Family And Business

    A recent judgement in Arcus v Arcus (1 of 2021) [2022] ZASCA 9 has become the talk of the town precisely because it involved a payment...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Antenuptial Contracts Explained

    The importance of an antenuptial contract, or ANC as it is often called, cannot be overstated.
    South AfricaFamily and Matrimonial
    Gerhold & Van Wyk Attorneys
    Gerhold & Van Wyk Attorneys
  • Article

    The Roles, Functions And Benefits Of The Family Advocate

    The role of the Family Advocate is to take the best interests of the minor children/child into consideration and to promote these interests in order to make a decision regarding their care, contact...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Understanding The Termination And Acquisition Of Parental Rights And Responsibilities In South Africa

    A parent may either have full or specific parental responsibilities and rights in respect of a minor child.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Avoid Costly Void, Voidable And Putative Marriages

    Prenuptial stuprum does not constitute the annulment of a marriage; similarly, impotence and sterility does not constitute the annulment of a marriage.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    South African Court: A Parent's Duty To Support Children Does Not Stop When They Become Adults

    The Eastern Cape High Court has handed down an order upholding a special plea with costs in divorce proceedings. While married, the appellant and respondent were the parents of two children...
    South AfricaFamily and Matrimonial
    ENS
    ENS
  • Article

    Women And Their Right To Elect A Surname

    From a registration perspective the aforesaid holds a fixed practice which must be applied uniformly.
    South AfricaFamily and Matrimonial
    Tonkin Clacey Pretoria
    Tonkin Clacey Pretoria
  • Article

    Courts Should Only Adjudicate On Issues Raised In The Pleadings Or During Trial

    In the case between Mr Tsietsi Philemon Mashola and Mrs Makwena Delina Mashola, the Supreme Court of Appeal was tasked with determining whether, following their divorce...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Think You Can Skip Maintenance? Think Again!

    If you've ever found yourself on the receiving end of unpaid maintenance – or you know someone who is – there's good news...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    What Is The Difference Between A Parenting Plan And A Parental Responsibilities & Rights Agreement?

    Many people confuse parenting plans and parental responsibilities and rights agreements. The key distinction between these two legal concepts lies in who enters into these agreements...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Divorce And Immovable Property

    Unfortunately, we often encounter divorce orders where the immovable property is dealt with in very little or no detail.
    South AfricaFamily and Matrimonial
    Dykes Van Heerden Inc
    Dykes Van Heerden Inc
  • Article

    Can A Maintenance Subpoena Be Challenged?

    Section 28(2) of the Constitution of the Republic of South Africa, 1996, read with section 9 of the Children's Act 38 of 2005, provides that the child's best interests are of paramount importance...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Customary Law In South Africa: Are You Really Married?

    South Africa's rich cultural diversity influences our legal system, particularly in recognising marriages.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Untying The Co‑Ownership Knot

    When two or more people acquire ownership of the same property, they each hold an undivided share in that property.
    South AfricaFamily and Matrimonial
    Fairbridges
    Fairbridges
  • Article

    The Hague Convention Of The Civil Aspects Of International Child Abduction

    The Convention aims to secure the return of the child or children to South Africa.
    South AfricaFamily and Matrimonial
    Abrahams & Gross Inc.
    Abrahams & Gross Inc.
  • Article

    Shared Lives, Separate Laws: Understanding Cohabitation Without An Agreement

    Cohabitation relationships refer to the act of living together with someone in an intimate and committed relationship without being married or in a civil partnership.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Showing 141–160 of 166 results

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