Blog Posts

Categories

GETTING MARRIED? WHAT TO CONSIDER

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

Read More »
SUSPENSION OF PARENTAL RIGHTS

SUSPENSION OF PARENTAL RIGHTS

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

Read More »

DOMESTIC VIOLENCE AND THE POLICE

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

Read More »

TECHNOLOGY ABUSE

The words “domestic violence” tend to conjure images of physical violence and abuse. In our highly connected world, abusers also can use technology against victims to monitor, threaten, harass, and hurt them. They may install spyware on victims’ phones and impersonate them on social media to humiliate them. Technology

Read More »

CHANGING YOUR MARITAL PROPERTY REGIME

In terms of South African Law, when a couple does not sign an antenuptial 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 »

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 behaviours 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 »

OBTAINING A PROTECTION ORDER

A Protection Order is an order issued by a court ordering a person with whom one has or has had a domestic relationship (the respondent), to stop the abuse. It’s a legal document that specifies the conditions that an abuser must adhere to, as specified by the courts. The

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 »
FAILURE TO COMPLY WITH A COURT ORDER

FAILURE TO COMPLY WITH A COURT ORDER

Firstly, it must be noted that no, contempt of Court does not relate solely to criminal proceedings nor to criminal behaviour. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order. Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. In

Read More »