Case Studies
Cohabitation, living together or a domestic partnership, is not recognised as a legal relationship by South African law. There is, consequently, no law that oversees the rights of parties in a cohabitation relationship. Cohabitation usually refers to people who, regardless of gender, live together without being validly married to
The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the
The essential basis of the claim is the reciprocal duty of support between spouses, which includes the cost of legal proceedings. When assessing a spouse’s reasonable litigation needs, a court will have regard to what is involved in the case, the scale on which the parties are litigating, or
There are many benefits of getting married at Home Affairs and there are many reasons that people might choose to go this route. Whatever your decision, below you’ll find the information you need if you plan on having your marriage ceremony at any Home Affairs office in South Africa.
When the accrual is included in an Antenuptial contract, a spouse will be entitled to share in the growth of the two estates on divorce. This is often considered the most ideal way to marry. The term ‘accrual’ is used to denote the net increase in value of a
The family advocate assists parents in divorce proceedings to reach an agreement on disputed issues, namely care, contact and guardianship. If the parents are unable to reach an agreement, the family advocate evaluates their circumstances in light of the best interests of the child and makes a recommendation to
A parent should never alienate a child from the other parent. The Children’s Act contains certain provisions that aim to prevent one parent from frustrating the exercise of responsibilities and rights by the other parent. Any parent who has care of a child and refuses to allow the other
The Matrimonial Property Act provides that a husband and wife may apply jointly to the High Court for leave to amend their matrimonial property regime. In order for the parties to change their matrimonial property system, the act mentions the following requirements: If the court is content that the
Money is a huge factor in life and especially in marriage, it is one of the most common reasons for divorce or for issues in marriage, which most of the time could be avoided if it had been dealt with better or if the other spouse had been more
Like any other heterosexual relationship, there is no law regulating same-sex relationships. Legal consequences only become applicable when: When a same-sex couple marries or registers their union in terms of the Civil Union Act, the same principles will apply to the dissolution of their union as if they were
