Learning from experience

Case Study: Kate Bailey - Hill

Categories

FORMALITIES FOR A MARRIAGE IN SOUTH AFRICA

Marriage is defined as a formal union and social and legal contract between two individuals that unites their lives legally, economically, and emotionally. Civil marriages, same-sex marriages, customary marriages and religious marriages are protected by the law. South Africa does not recognise a common law wife or husband. The

Read More »

INTERNATIONAL PARENTAL CHILD ABDUCTION

The notion of parental child abduction may seem forgein to many parents, however, in reality many children are abducted by a parent or caregiver. Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent,

Read More »

TERMINATING PARENTAL RESPONSIBILITIES AND RIGHTS

When a person has a child, the law dictates that they have to take care of, and are responsible for the child. The Children’s Act, 38 of 2005 speaks about “parental responsibilities and rights”, of which there are many. The Children’s Act explains these parental responsibilities and rights.  To

Read More »

MEDIATION AND DEALING WITH HIGH CONFLICT PEOPLE

Mediation involves a thorough discussion of what each side’s point of view is and what has happened in the past. High-conflict people, because of their self-sabotaging personalities, often make their own problems worse by blaming others, taking an all-or-nothing approach, having unmanaged emotions and resorting to extreme behaviours, which

Read More »

CHANGING YOUR MARITAL PROPERTY REGIME

In terms of South African Law, when a couple does not sign an ante-nuptial contract before getting married, the marital regime applicable to their marriage will be that of in community of property. This means that the couple will share equally in one joint estate, they are jointly and

Read More »

PATERNITY DISPUTES AND MAINTENANCE

Paternity disputes often arise in maintenance proceedings because maintenance claims are based upon paternity. Liability needs to be established, via a paternity suit. Paternity disputes may be launched if the child’s paternity is in question.  Unless the father or mother can prove otherwise, every child born from a marriage

Read More »

FINANCIAL ABUSE

When one thinks of abuse in a relationship, we typically focus on physical, emotional and verbal abuse. But financial abuse by a spouse or partner occurs in up to 99% of domestic violence cases. Financial abuse is a topic which is rarely spoken about. Because financial abuse is a

Read More »

COERCIVE CONTROL ABUSE

Coercive control is described as a pattern of controlling behaviors that create an unequal power dynamic in a relationship. In some instances coercive control can escalate into physical abuse. However, even if it does not escalate into physical abuse, coercive control is a form of emotional abuse that can

Read More »

TERMINATING AN ENGAGEMENT – BREACH OF PROMISE TO MARRY

In order to enter into a valid engagement contract the requirements which first need to be met are the following: Both parties must be 18 years of age or older. Minors under the age of 18 will require their parents or guardians consent to marry, and in some instances

Read More »

INTRODUCING A NEW PARTNER TO YOUR CHILDREN

Introducing a new partner to your children can be daunting: there are life-changing implications for all involved. The fallout from introducing your children too quickly to a new love interest can be disastrous. It can cause anguish for everyone, especially your children who may be holding onto the idea

Read More »