Aug 15, 2019 | Family Divorce and Matrimonial Law
This obligation to support and maintain a child is a shared one between parents and arises out of the common law duty to support apropos or relative to one’s respective means. The obligation was legislatively incorporated into Section 13(3)(a) of the Maintenance Act...
Aug 1, 2019 | Family Divorce and Matrimonial Law
The Hague Convention of the Civil Aspects of International Child Abduction is an international treaty aimed at preventing the removal of a child from the jurisdiction in which he/she ordinarily resides by a parent or guardian who has removed the child without the...
Jun 19, 2019 | Family Divorce and Matrimonial Law, Trusts and Estates
Divorce is traumatic and life-changing. In its aftermath, an important consideration is your plans for the future relating to your Will and Estate, along with any policies you may have in place. Amending your Will post-divorce According to Section 2B of the Wills Act,...
Jun 6, 2019 | Family Divorce and Matrimonial Law
In the last few decades we have seen rising divorce rates and an increase in children growing up in two separate households, leaving parents bewildered and uncertain. Care and contact under the Children’s Act In terms of the amended Children’s Act 38 of 2005 (the Act)...
Feb 7, 2019 | Family Divorce and Matrimonial Law
Couples sometimes rush into marriage and before they realise it, they are bound by South Africa’s default marital regime which is that of In Community of Property. This means that one joint estate belongs to both spouses in equal undivided shares. Couples can choose...
Nov 29, 2018 | Family Divorce and Matrimonial Law
Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights of another parent or family member.” [Girdner, L....
