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
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
