Case Studies
Marriage is defined as a formal union and social and legal contract between two individuals that unites their lives legally, economically, and emotionally. Civil marriages, same-sex marriages, customary marriages and religious marriages are protected by the law. South Africa does not recognise a common law wife or husband. The
One of the most difficult, painful conversations you will ever face is talking to your kids about your plan to divorce. When you know that you will be separating or divorcing, it is important to talk to your kids before they hear it from someone else. Imagine how upsetting
The notion of parental child abduction may seem foreign to many parents, however, in reality many children are abducted by a parent or caregiver. Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent,
When a person has a child, the law dictates that they have to take care of, and are responsible for the child. The Children’s Act, 38 of 2005 speaks about “parental responsibilities and rights”, of which there are many. The Children’s Act explains these parental responsibilities and rights. To
The common misconception made by parties in a divorce action based on a marriage in community of property is that the Court will decide on how the division of the property will take place, i.e. which party will remain owner of the immovable property or in most cases the
Mediation involves a thorough discussion of what each side’s point of view is and what has happened in the past. High-conflict people, because of their self-sabotaging personalities, often make their own problems worse by blaming others, taking an all-or-nothing approach, having unmanaged emotions and resorting to extreme behaviours, which
With the implementation of the Children’s Act, the term ‘access’ has been replaced with the term ‘contact’, which is defined as: · communicating on a regular basis with the child in any other manner. It is a child’s right to have contact with both of
Divorce is generally a stressful and unsettling event. At minimum, a major relationship is ending, all sorts of routines are upset, and in the midst of the stress of transition there are legal hoops to jump through before things can be resolved. Add in the volatile emotions that are
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
In terms of the Wills Act, when someone executes his or her will, it must be done in accordance with certain rules/formalities. A will that is not executed in accordance with these formalities is invalid, i.e. it is of no force and effect and the contents of the will
