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The Gumede Case That Overturned Customary Laws

For decades, women in pre-2000 customary marriages were denied ownership of family property, their contributions invisible in the eyes of the law. The Gumede case changed that. By declaring these old rules unconstitutional, the Constitutional Court ensured that wives like Mrs Elizabeth Gumede are recognised as equal owners of the homes and assets they helped build. This landmark ruling isn’t just legal precedent—it’s a victory for fairness, dignity, and the human heart at the centre of family law.

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Customary Marriages Law

How To Formalise a Customary Law Marriage in SA

Entering a customary law marriage is an act of love, culture and deep personal commitment. Yet without proper legal recognition, that meaningful union can leave you exposed when it matters most. This article unpacks the legal realities behind customary marriages in South Africa, from consent and registration to property and inheritance rights, so you can protect both your traditions and your future.

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How to Get Out of a Domestically Abusive Marriage 

Understanding Abusive Marriages An abusive marriage is one in which one partner consistently exerts power and control over the other through physical, emotional, psychological, sexual, or financial abuse. Recognising the signs and acknowledging the presence of abuse is the first critical step toward liberation. The Importance of Leaving an

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Who has custody of the child when you have not been married?

Family dynamics can be complex, and when it comes to child custody in South Africa, understanding the nuances of family law is crucial, especially for unmarried couples. In this blog post, we delve into the intricacies of child custody in South Africa and explore the key question: What is

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RULE 43 APPLICATION FOR INTERIM CONTACT 

Mr Zulu approached our office to assist him with a divorce, where the parties have minor children. The divorce between Mr and Mrs Zulu is acrimonious, and Mrs Zulu has refused to allow Mr Zulu to have any contact with the minor children. In order to assist Mr Zulu

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FAMILY SOLICITORS – AN OVERVIEW

Family Law Solicitors, much like South African Family Law Attorneys deal with a number of issues which include jurisdiction and conflict of law; pre- and post-nuptial agreements (ANC’s)  and matrimonial property regimes; divorce, nullity, children, surrogacy and adoption, cohabitation, family dispute resolution, civil partnership/same-sex marriage. Common law is the

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UNIVERSAL PARTNERSHIPS

There is no common-law marriage in South African law and therefore the period of time that a couple spends living together does not translate into a default marriage. The principle of a universal partnership assists cohabitees by affording them a right to a share in the property acquired during

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RULE 43 APPLICATIONS ARE NOT ONLY FOR INTERIM MAINTENANCE

Rule 43 of the Uniform Rules of Court aims to avoid any considerable prejudice to either party pending divorce. Rule 43 is used for matters relating to interim care or contact with the parties’ child/children; maintenance for the spouse and/or children; and enforcing certain payments and interim contributions towards

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DOMESTIC VIOLENCE VS HARASSMENT

There are people who suffer emotional and physical abuse on a daily basis but are not quite sure what they can do to prevent it. There are two options available to them. They can either apply for a Protection Order or apply for a Harassment Order. However, many people

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ENGAGEMENT AND THE LAWS INVOLVED

Requirements for an engagement Capacity To enter into an engagement, one must be 18 years of age or older. Minors need the consent of both parents (or guardians), unless certain circumstances are in place or a court order is granted. Mentally ill persons cannot get engaged. Consent Both parties

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