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  • Article

    High Court Judge Finds Spousal Visa Rules Unconstitutional

    Foreign parents and caregivers of South African children shall now be allowed to remain in South Africa, even after their relationship with their South African spouse has come to an end.
    South AfricaImmigration
    Adams & Adams
    Adams & Adams
  • Article

    A Landmark Verdict: Constitutional Court Affirms Unconstitutionality For Section 4 Of The Mediation In Certain Divorce Matters Act

    A landmark shift in family law has recently levelled the playing field for unmarried parents, providing them with the same legal rights and protections in child custody matters as those available to divorcing parents.
    South AfricaFamily and Matrimonial
Barnard Inc.
Barnard Inc.
  • Article

    Can The Court Approve Your Settlement Agreement Without The Family Advocate's Endorsement?

    When divorcing couples with minor children reach a settlement agreement, it is typically sent to the Family Advocate's office for review and endorsement.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Has Your Spouse Gone Missing? The Process Of Divorce Where Your Ex's Whereabouts Are Unknown

    Married couples drift apart for various reasons. In certain instances, spouses may not necessarily keep track of each other's whereabouts should a separation occur prior to divorce.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    How Long-Term Marriages Influence Lifelong Maintenance

    In the recent case of M.T v E.T (8197/2018) [2024] ZAGPJHC 578, the Gauteng Division of the High Court in Johannesburg examined the question of lifelong spousal maintenance after a 28-year marriage.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Listen: What's In A Surname?

    The family law team at Barnard Inc was approached by YFM recently, and asked to explain the legalities and requirements for changing a surname, ...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Maintenance For Major Dependent Children – A Recent Case Law

    A recent decision by the Supreme Court of Appeal changed the manner in which major dependent children may claim maintenance from their parents in divorce proceedings.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Right Of Unmarried Natural Fathers To Be Recognised On Birth Certificates

    Traditionally, unmarried natural mothers have enjoyed a particular privilege over unmarried natural fathers in terms of the recognition of their parental responsibilities and rights.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Accrual System In Divorce

    South African couples married out of community of property with accrual retain separate estates during the marriage but share in the net growth of both estates on divorce.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    What Black Coffee's Divorce Teaches About Customary Marriages

    A recent High Court decision arising from the high-profile Black Coffee divorce has clarified core principles that matter far beyond celebrity headlines.
    South AfricaFamily and Matrimonial
    Fairbridges
    Fairbridges
  • Article

    How SARS Assesses The Investment Income For Spouses Married In Community Of Property (COP)

    As of the beginning of the 2023 filing season, SARS is now able to identify taxpayers who are married in community of property and can also retrieve...
    South AfricaTax
    SNG Grant Thornton
    SNG Grant Thornton
  • Article

    Customary Marriages

    There is a lot of uncertainties and inconsistencies regarding customary marriages in South Africa. The law around customary marriages continue to be developed on a case by case basis.
    South AfricaFamily and Matrimonial
    Adams & Adams
    Adams & Adams
  • Article

    Legal Documents Required For Marriage

    You're now engaged and have started planning for the big day on which you get to say, "I do!". You have your guests list, venue and even photographer ready, but have you got your legal ducks in a row?
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    New Marriage Bill: Changes To South Africa's Fragmented Marriage Legislation

    The New Marriage Bill ("the Bill") in South Africa is a landmark piece of legislation currently under parliamentary review, aimed at replacing the country's fragmented marriage laws with a single...
    South AfricaFamily and Matrimonial
    Fasken
    Fasken
  • Article

    A Brief Look At The Process Of A Protection Order Application

    South Africa is a country wherein the right to freedom and security is protected by the Constitution.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Breaking The Property Deadlock With 'Actio Communi Dividundo'

    When divorcing spouses cannot agree on what to do with jointly owned property, the deadlock can cause financial hardship – particularly for the spouse responsible for daily expenses and the care of minor children.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Handling Parenting Disagreements

    Disagreements between parents about how to raise their children are common, whether relating to schooling, medical treatment, discipline, or general day-to-day decisions.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Private Law In 2024: Family Law And Personal Rights

    In a clear sign that South Africa's constitutional democracy is maturing, laws relating to family law and personal rights were easily the most challenged regulations in the highest courts...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Understanding Customary Marriage In South African Law

    In the vibrant mosaic of South Africa's legal system, customary law stands out for its deep cultural roots and contemporary significance. Customary marriage underpins the social fabric...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Validation Of Customary Law Marriage Requires More Than A Copy Of Identity Document

    In Tshivhase v Tshivhase N O and Another, Ms Azwihangwisi Tshivhase ("Ms A Tshivhase") lodged an urgent application at the Limpopo Division of the High Court of South Africa...
    South AfricaFamily and Matrimonial
    ENS
    ENS
  • Showing 81–100 of 166 results

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