Jun 29, 2021 | Family Divorce and Matrimonial Law
In the past, when people were mostly confined to single jurisdictions, actions – such as divorces – were administered in a fairly trouble-free manner. In today’s mobile world, our borders have become porous and international marriages have become increasingly more...
Feb 23, 2021 | Conveyancing and Property Law, Family Divorce and Matrimonial Law
In respect of immovable property, it is important to note that the divorce order merely records that the party/parties are entitled to a full or half share in the immovable property. Thereafter, transfer of the applicable share in terms of the divorce order, must be...
Nov 12, 2020 | Family Divorce and Matrimonial Law, Litigation and Dispute Resolution
At the seat of every Magistrate’s Court lies a Maintenance Court which is presided over by a Maintenance Officer. When a person who is legally liable for maintenance towards a minor child has not been meeting his or her obligations, an application can be brought for...
Aug 19, 2020 | Family Divorce and Matrimonial Law
A marriage is putative if one or both spouses in good faith are ignorant of the fact that their marriage is invalid, but they have a belief that the marriage is valid. What defines a putative marriage? For a void marriage to be putative, at least one or both...
May 28, 2020 | Family Divorce and Matrimonial Law
Although it is often stated that spouses have a right to spousal maintenance, it is important to note that neither spouse has a statutory right to maintenance. Whether or not spousal maintenance is to be granted is a matter of discretionary power, which is given to...
Apr 9, 2020 | Family Divorce and Matrimonial Law
As the country is in national lockdown, parents who have been declared co-guardians and co-holders of parental rights and responsibilities have been left to wonder how they can exercise their care and contact rights. Initially when the lockdown started, on Thursday 26...
