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...
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...
