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...
Jan 30, 2020 | Family Divorce and Matrimonial Law
If you were to ask the average person on the street who they think should make decisions on behalf of a child born out of wedlock, the most likely answer you would receive is the mother. The answer seems self-evident. Certainly a whole range of factors for...
Jan 22, 2020 | Family Divorce and Matrimonial Law
The harsh reality is that many marriages result in divorce and the hardship associated with that can be minimised if the appropriate marriage regime is selected. There are two options available in South African law, namely: marriage in community of property or...
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...
