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...
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...
