ArticleChanging Your Marital Property RegimeThe importance of an antenuptial contract cannot be over-estimated. South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleCourt Orders Children's Act AmendmentLast week it was reported that the Pretoria High Court has declared a part of the Children's Act, which regulates the parental rights of couples who conceive children through artificial insemination, unconstitutional.South AfricaFamily and MatrimonialBarnard Inc.
ArticleIs There A Marriage To Protect? A Commentary On Nagidde v MwasaA loud warning has been sounded to those inclined to follow practice rather than the strict letter of the law in divorce matters in Uganda.South AfricaFamily and MatrimonialENS
ArticlePost Nuptial Agreements – Mediation As A Means To Alter Your Antenuptial ContractGetting married is an exciting journey for any couple seeking to spend the rest of their lives together. However, not every marriage has a happy ending, and one needs to be prepared...South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleThe Children's Act In Action: A Close Look At Child Protection Procedures In South AfricaIn the complex world of child protection, South Africa's Children's Act stands as a vital pillar, safeguarding minors who find themselves in desperate...South AfricaFamily and MatrimonialBarnard Inc.
ArticleBeware Of The Long Time Child Maintenance Debts Take To Prescribe!Child maintenance is a critical solution in law, it allows for the most basic care for the most helpless in society, our children.South AfricaLitigation, Mediation & ArbitrationSchoemanLaw Inc.
ArticleMaintenance Debts And PrescriptionChild maintenance is a critical solution in law, it allows for the most basic care for the most helpless in society, our children.South AfricaLitigation, Mediation & ArbitrationSchoemanLaw Inc.
ArticleCourt Denies Father's Application For Children To Return To USAA father's application in the Johannesburg High Court for his children to return to the USA, was recently dismissed as the Judge ruled that it was in the children's best interests to reside...GlobalFamily and MatrimonialBarnard Inc.
ArticleCan A Parent Claim Maintenance For An Adult Dependent ChildIn many broken marriages the parties elect to remain married until their children have reached the age of majority or left the matrimonial home to obtain a tertiary education.South AfricaFamily and MatrimonialAdams & Adams
ArticleChild Custody (Primary Residence) Law South AfricaA recently published report on Statistics SA has given insight into the divorce rate in South Africa; however, the report only reveals divorce rates up to the year 2018. South AfricaFamily and MatrimonialAdams & Adams
ArticleConstitutional Court Changes The Divorce ActOn 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the constitution...South AfricaFamily and MatrimonialAdams & Adams
ArticleDivorce Proceedings – What You Need To KnowWith an increase in couples getting divorced over the national lockdown period, knowing your rights and the processes involved is of the utmost importance. South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleDoes A 'Father' Have A Right To Demand A Paternity Test?When questions arise about the biological relationship between a father and a child, emotions often run high. These disputes frequently surface in maintenance matters, where an alleged father...South AfricaFamily and MatrimonialBarnard Inc.
ArticleFirst Comes Love, Then Comes … Contracts?Wedding planning and dreaming of the future is a combination of stress, nerves, and oh so much excitement.South AfricaFamily and MatrimonialSchoemanLaw Inc.
ArticleForfeiture Of AccrualSection 9 of the Matrimonial Property Act 88 of 1984 empowers a court to order forfeiture of the accrual share where one party would unduly benefit from the application of the accrual system.South AfricaFamily and MatrimonialBarnard Inc.
ArticleHow Courts In South Africa Decide On Placement For Vulnerable ChildrenWhen a minor child is believed to be in need of care and protection, the law provides a clear framework to ensure the child's immediate safety and long-term wellbeing.South AfricaFamily and MatrimonialBarnard Inc.
ArticleIncluding Grandparents And Extended Family On Co-Parenting ArrangementsWhen families separate, parenting arrangements often focus on the two parents. In the process, children may lose regular contact not only with one parent but also with their extended family.South AfricaFamily and MatrimonialBarnard Inc.
ArticleSouth Africa's Family Law Has Entered A New Era Following A Momentous Judgment On The Forfeiture Of Patrimonial BenefitsThe default position of a marriage in South Africa is "in community of property" – also candidly described as, "what's mine, is yours". In other words, a joint estate forms between the spouses...South AfricaFamily and MatrimonialBarnard Inc.
VideoWomen Married Under Customary Law Finally Have Equal Rights During Divorce (Video)Women married under customary law will soon have equal rights to marital assets should they divorce.South AfricaFamily and MatrimonialAdams & Adams