Case Studies
People often get caught up in the excitement of planning to walk down the aisle and forget that there are legal obligations attached to marriage. The first questions often are “have you found your wedding dress or chosen your venue?” As a couple, you should be asking yourselves whether
Unmarried fathers will now be able to register their children under their surname, in the absence of, or without, the mother’s consent. On the 22nd September 2020, the Constitutional Court heard arguments from the Centre for Child Law asking the Court to confirm a finding of the Makhanda High
South African law recognises several marital regimes that spouses can enter into. One of these marital regimes is the customary marriage in terms of the Recognition of Customary Marriages Act No. 120 of 1998. A customary marriage means a marriage concluded in accordance with customary law. In order to
Divorce and separation can breed bad blood between parents and children when one partner uses the children to target the other partner. Parental alienation can be described as the efforts on the part of one parent to turn a child, or children, against the other parent. Parental Alienation Syndrome,
South African law does not make specific provision for grandparents’ rights over their grandchildren. The new Children’s Act 38 of 2005 Law does however provide for third parties who have an interest in the care, well-being, or development of a child to apply either to the High Court or
Gaslighting is a form of emotional abuse that’s seen in abusive relationships. It’s the act of manipulating a person by forcing them to question their thoughts, memories, and the events occurring around them. A victim of gaslighting can be pushed so far that they question their own sanity. Gaslighting
A universal partnership is an express or tacit agreement between two people, including same-sex couples, who choose to live together in a permanent relationship without entering into marriage. South African courts have over the years defined a permanent universal partnership as an arrangement between parties who act like partners
Marriage status You must ensure that you are legally able to marry. Either of you must be over the age of 18, or if younger must have written consent from your parent or guardian. If one was previously married, divorce proceedings must have been finalised and the divorce officially
In terms of section 28 of the Children’s Act a court can grant an order suspending any or all of a person’s parental responsibilities and rights for a period; can completely terminate any or all parental responsibilities and rights; and can grant an order that circumscribes or limits parental
The SAPS has certain obligations to victims of domestic violence. Besides their legal duty to assist victims to take steps to protect themselves in terms of the Act, the police must: On receipt of a domestic violence complaint, wide-ranging duties are imposed on both the station commander and the
