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? Â Â 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...
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...
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,...
