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...
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...
