Family Law, Divorce & Conveyancing Specialists in South Africa
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
Paternity disputes often arise in maintenance proceedings because maintenance claims are based upon paternity. Liability needs to be established, via a paternity suit. Paternity disputes may be launched if the child’s paternity is in question. Unless the father or mother can prove otherwise, every child born from a marriage
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
Parental responsibility is the responsibility to care for the child, to maintain contact with the child, to act as guardian of the child, and to contribute to the maintenance of the child. The Children’s Act sets out that a person may have full or specific parental responsibilities and rights.
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
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
The enforcement of maintenance payments is a highly problematic area. Often people liable to pay maintenance either refuse or simply neglect to fulfil their obligation. When one parent fails to comply with the terms of a maintenance order, and the order remains unsatisfied for a period of 10 days,
