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DIVORCE ATTORNEY

Mrs Peach and Mr Peach wanted to get divorced. They concluded a Settlement Agreement and Parenting Plan and proceeded to finalize the divorce. However, after the divorce was finalized, it came to Mrs Peach’s attention that the Decree of Divorce was materially incorrect in that the Judge, at the

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UNCONTESTED DIVORCE

Mr and Mrs Zulu were married 15 years ago. Sadly, their marriage has reached such a state of disintegration that they no longer have the same love and affection they once had for each other. They have become incompatible, and are intent on divorce.  Whilst they no longer have

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RULE 43 APPLICATIONS ARE NOT ONLY FOR INTERIM MAINTENANCE

Rule 43 of the Uniform Rules of Court aims to avoid any considerable prejudice to either party pending divorce. Rule 43 is used for matters relating to interim care or contact with the parties’ child/children; maintenance for the spouse and/or children; and enforcing certain payments and interim contributions towards

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RELOCATION DISPUTES

Miss A recently approached our offices wanting to relocate with her minor child to the United Kingdom. Miss A and the father of the minor child were never married, but they had concluded a Parenting Plan when the minor child was still an infant as to the father’s responsibilities

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DOES A MAINTENANCE CLAIM EVER EXPIRE

Mr and Mrs Smith divorced 25 years ago. They entered into a settlement agreement at the time which required Mr Smith to pay monthly maintenance to his wife until she died or remarried. He was also required to pay maintenance for their minor children until they became self-supporting. Despite

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MAINTENANCE FOR A MAJOR CHILD

A parent’s liabilities towards a child do not change when the child turns 18 years of age or if the parents are divorced. Both parents remain liable for taking care of the child for as long as the child requires maintenance. A maintenance Order does not have to make

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SPOUSAL MAINTENANCE

Spousal Maintenance is different from child maintenance in that it is paid by one spouse to the other spouse following a divorce. It is a general principle of law that neither spouse has a right to spousal maintenance upon divorce.  However, the Divorce Act, 70 of 1979 provides the

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DOMESTIC VIOLENCE VS HARASSMENT

There are people who suffer emotional and physical abuse on a daily basis but are not quite sure what they can do to prevent it. There are two options available to them. They can either apply for a Protection Order or apply for a Harassment Order. However, many people

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ENGAGEMENT AND THE LAWS INVOLVED

Requirements for an engagement Capacity To enter into an engagement, one must be 18 years of age or older. Minors need the consent of both parents (or guardians), unless certain circumstances are in place or a court order is granted. Mentally ill persons cannot get engaged. Consent Both parties

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ADOPTION LAWS IN SOUTH AFRICA

Having a baby for some couples doesn’t come as easy for a few as it does others, and then it leaves that couple having to make some hard decisions, do you want to adopt? And if so, how hard will it really be? Adopting can be quite a hard

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