166 results found

When do you need one and what you need to know.

Part 2: Clement Manyathela speaks to Isabel van den Ende, Senior Associate in the Family Law Department at Barnard, about the process of maintenance in the country and what rights parents...

The Divorce Amendment Bill has been signed into law, which means that Muslim marriages are now recognised in South African law, and the rights and interests of women and minor...

Section 18 of the Children's Act, Act 38 of 2005 ("the Act") regulates guardianship over children. In terms of Section 18(3) of the Act, a guardian must safeguard the child's property...

GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES...

More often than not, parties to a marriage do not give consideration to the marital regime that will be applicable to their marriage.

In many cases, disputes arise when one parent withholds contact between the minor children and the other parent. The natural reaction might be to withhold maintenance in response...

Since 1 June 2015, parents travelling to South Africa with a child under the age of 18 must, in addition to producing a valid passport and (where required) a valid visa for the child, also produce a full, unabridged birth certificate as proof of parenthood.

In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant.

Many of us aspire to own our own property. Whether it is to have a place to call home or simply for investment purposes. Raising the funds to buy property,...

On 11 May 2022 the Pretoria High Court ordered that Section 7(3)(a) of the Divorce Act, 70 of 1979, is declared inconsistent with the Constitution.

A marriage contract is more than a formality, it's a legal agreement that defines how a couple's assets, debts, and financial responsibilities will be managed during and after their marriage and/or in the event of death of one of the spouses.

Before saying "I do", couples in South Africa have an important legal choice to make, how they wish their property and finances to be treated within marriage. This is done through an antenuptial contract...

Among many African communities polygamy is a very common traditional marriage practice. Polygamy is divided into polyandry and polygyny. Polyandry is defined as a form of polygamy in...

In terms of the South African Children's Act (38 of 2005) a minor child's biological parents automatically have parental rights and responsibilities, which include guardianship.

As the name suggests, the Children's Court is a special court that deals with issues involving children. It's set up specifically to protect the best interests of minors and takes care of children who are in need of care and protection.

This means that one joint estate belongs to both spouses in equal undivided shares.