May 10, 2024 | Family Divorce and Matrimonial Law
The Divorce Amendment Bill has been signed into law, bringing changes to Muslim divorces in South Africa. Divorce Act was unconstitutional The amendment to the Divorce Act of 1979 follows a ruling by the Constitutional Court in the case of Women’s Legal Centre Trust v...
Nov 29, 2021 | Family Divorce and Matrimonial Law
When a marriage is broken beyond repair it is referred to as an irretrievable breakdown, and according to the Divorce Act, this provides grounds for divorce in South Africa. Conditions for the court to grant a divorce A court may only grant a decree of divorce on two...
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...
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...
Mar 15, 2017 | Family Divorce and Matrimonial Law
Couples entering a marriage by way of Muslim rites first, can utilise the Imams as Marriage Officers (IMO) route thereafter in order to gain civil recognition as well. This broadens a Muslim couple’s umbrella of legal protection if any dispute arises in respect of...
