Case Studies
A spouse living in South Africa is able to institute divorce proceedings through the courts in South Africa if the other spouse lives overseas. The same applies when you are a South African citizen that lives overseas and one spouse resides in South Africa. In terms of the Divorce
Mrs Spring approached our offices to assist her with her divorce proceedings against Mr Spring. Our offices instituted the divorce proceedings and contacted Mr Spring with a proposed Settlement Agreement and Parenting Plan in order to deal with the divorce expeditiously. Mr Spring rejected Mrs Spring’s proposals and was
It frequently happens that parties include a clause in a Divorce Settlement Agreement that neither party shall have the right, after divorce, to approach the maintenance court for a variation of the spousal maintenance. This however is not enforceable strictly speaking. According to section 8 of the Divorce Act,
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
Ms Hendricks recently approached our offices for advice on the issue of the termination of her ex-husband’s parental responsibilities and rights in respect of their daughter who is 6 years old. She advised our offices that she divorced her husband in 2019 due to the abuse and infidelity that
The “outside offer” normally forms part of the wording of the suspensive condition pertaining to the sale of the purchaser’s property. This means that the purchase of the property is subject to the purchaser being able to sell his/her existing property. Generally the proceeds of the sale of the
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
If immovable property is registered in a deeds registry and it formed an asset of a joint estate of spouses have been divorced, and one of them has, in terms of a divorce order acquired the share of his or her former spouse in the property, the registrar may,
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
Mrs Brown approached our offices to assist her with her divorce proceedings. She is a high net worth client with several investments and other assets. Mrs Brown advised our offices that Mr Brown had engaged in several extra marital affairs, and that all throughout their marriage, Mr Brown had
