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Family Law

What Happens if a Father Cannot Pay Maintenance in South Africa?

2024-02-22T06:40:07+00:00February 22nd, 2024|Family Law|

What Happens if a Father Cannot Pay Maintenance in South Africa? If the father of your child fails to meet his child support obligations as outlined in an existing maintenance order, you may wonder about your legal recourse. Under the Maintenance Act of South Africa, disregarding a maintenance order constitutes a criminal offence unless the non-payment is due to genuine financial hardship. The Act delineates various avenues for enforcing maintenance orders when a father or ex-spouse refuses to comply and ensures the settlement

Breach of Matrimonial Promise to Marry in South Africa Explained

2024-01-23T07:16:45+00:00January 23rd, 2024|Family Law|

Breach of Matrimonial Promise to Marry in South Africa Explained Written by DIONNE JACKSON 18 NOVEMBER 2022. Nowadays, getting engaged to be married is often overlooked as a minor commitment, when in fact, getting engaged means that you are entering into a legally binding contract between two mutually consenting parties on their lifelong commitment to eventually marry one another. Consequently, breaking off an engagement has legal repercussions as it is considered a breach of promise. This article will dissect what a breach of

Who gets the pets when parties break up or divorce in South Africa?

2024-01-17T05:31:06+00:00January 17th, 2024|Family Law|

WHO GETS THE PETS WHEN PARTIES BREAK UP OR DIVORCE IN SOUTH AFRICA? Natasha du Preez 25 November 2023 Getting a pet is an exciting adventure that can solidify a familial bond between partners; however, couples often fail to consider what will happen to their beloved pet if they decide to separate. Owners of domestic animals who cohabitate should take into consideration the question of legal ownership and possession of a domestic animal if they happen to no longer live together. Pets often

What Is The Difference Between An Edictal Citation And Substituted Service?

2023-11-28T12:43:08+00:00November 28th, 2023|Family Law|

WHAT IS THE DIFFERENCE BETWEEN AN EDICTAL CITATION AND SUBSTITUTED SERVICE? Samantha Bull January 2023 In order to serve documents on the relevant party in your legal matter, you initially need to determine where the person resides, or, in other words, what their domicilium address is, or where the person works. Consequently, the question arises: What do you do if you do not know the defendant's or respondent's whereabouts in your legal matter? This article will focus specifically on service in a divorce action. WHAT

Can I Get A Divorce In South Africa If One Spouse Resides Outside South African Borders?

2023-11-28T12:44:01+00:00November 28th, 2023|Family Law|

CAN I GET A DIVORCE IN SOUTH AFRICA IF ONE SPOUSE RESIDES OUTSIDE SOUTH AFRICAN BORDERS? Written by Denisha Padachey 30 MARCH 2023 INTRODUCTION Circumstances may arise where a divorce action becomes necessary, in a situation where one spouse resides in South Africa and the other spouse resides outside of the borders of South Africa. In situations like these, the divorce procedure differs slightly; however, it is still possible for a divorce action to be instituted within the borders of South Africa. WHAT

What is an annulment of a marriage? VOID and VOIDABLE explained in SA

2023-10-03T08:41:55+00:00October 3rd, 2023|Family Law|

What is an annulment of a marriage? VOID and VOIDABLE explained in SA  Written By Andrea Hiestermann Dated 28 December 2022 Annulment is known as the process whereby a marriage that was entered into is declared to have never come into existence. In South Africa, we do not use the term annulment. Instead, we use the terms ”void” and ”voidable” to describe what is known as an annulment. What is a Void Marriage? A void marriage is seen as a marriage that never

Consequences of Entering into a Customary Marriage Without an Antenuptial Agreement

2023-10-03T07:44:26+00:00October 3rd, 2023|Family Law|

Consequences of Entering into a Customary Marriage Without an Antenuptial Agreement Written by Dionne Jackson 20 July 2023 Marriage is a sacred union that brings two people, bound by love, commitment, and the promise of a shared and sacred future, together. As couples embark on this journey, it is essential to consider the legal implications that come with joining lives and assets. In many cultures, customary marriage, also known as traditional or religious marriage, has been a prevailing practice. The allure of these

Accrual Calculation in Divorce According to South African Law

2023-09-08T09:17:19+00:00September 8th, 2023|Family Law|

Accrual Calculation in Divorce According to South African Law Divorce can be a highly stressful and complex process, and the laws governing divorce in South Africa add additional layers of intricacy, particularly when it comes to financial aspects like accrual. Understanding how to calculate accrual under South African law is crucial for a fair division of assets. In South Africa, the accrual system applies to marriages that are out of community of property. If a couple fails to register an antenuptial contract, they

Legally valid customary marriage and the handing over requirement explained

2023-09-07T08:40:43+00:00September 6th, 2023|Family Law|

LEGALLY VALID CUSTOMARY MARRIAGE AND THE HANDING OVER REQUIREMENT EXPLAINED Written by Natasha du Preez 6 September 2023 Customary marriages are recognized under the Recognition of Customary Marriages Act 120 of 1998 (hereinafter “The Act”). In terms of the Act, certain requirements must be met by the parties entering into the customary marriage for the marriage to be deemed a legally valid and existing marriage under South African law. In this article, we will evaluate whether a valid customary law marriage can legally

Rule 43 application for interim relief during divorce proceedings explained

2023-09-06T11:34:28+00:00September 6th, 2023|Family Law|

RULE 43 APPLICATION FOR INTERIM RELIEF DURING DIVORCE PROCEEDINGS EXPLAINED Written by Colleen Mechanic  14 December 2022  WHAT IS A RULE 43 APPLICATION? A Rule 43 Application gives a party to an opposed divorce the opportunity to apply for interim financial assistance or contact with children pending the finalisation of the divorce (pendente lite). This application makes provision for an urgent application to be launched, in which either party to the divorce can claim: maintenance during divorce proceedings for the affected spouse and/or

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