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...
Oct 11, 2023 | Family Divorce and Matrimonial Law
A Pretoria High Court Order was affirmed by the South African Constitutional Court on October 10, 2023, where it was determined that Section 7(3)(a) of the Divorce Act is unconstitutional and invalid insofar as it limits the application of Section 7(3) of the Divorce...
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...
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...
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...