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...
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...
Jul 31, 2018 | Family Divorce and Matrimonial Law
The home that a couple lives in during their marriage is called the matrimonial or family home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out. May one spouse evict another from the home? The short answer is no....