Case Studies
Like any other heterosexual relationship, there is no law regulating same-sex relationships. Legal consequences only become applicable when: When a same-sex couple marries or registers their union in terms of the Civil Union Act, the same principles will apply to the dissolution of their union as if they were
The Voice of the Child is a phrase used to describe the real involvement of children. Children should have the opportunity to describe things from their point of view. They should be continually involved, and have information fed back to them in a way that they can understand. The
People often get caught up in the excitement of planning to walk down the aisle and forget that there are legal obligations attached to marriage. The first questions often are “have you found your wedding dress or chosen your venue?” As a couple, you should be asking yourselves whether
To relocate with children is not always that easy and the main consideration will always be what is in their best interests. Relocation within the Republic: The Children’s Act does not set out consent procedures for relocation within the country. The Act does stipulate however that co-holders of guardianship
The home that a couple lives in during their marriage is called the matrimonial home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out. Can one spouse evict another from the home? The short answer is no. Irrespective of whether you
Care & Contact Assessments are statutory investigations determining the best care and contact arrangements between a child, or children, and all co-holders of parental rights. Social workers or other forensic practitioners are qualified to conduct Care & Contact Assessments at the request of the court. Care & Contact Assessments
In a significant ruling impacting divorce settlements, the Supreme Court of appeal has overturned a High Court ruling that excludes a living annuity from a spouse’s estate. A 2016 a ruling by the Johannesburg High Court that a living annuity should not be taken into account for the purposes
Unmarried fathers will now be able to register their children under their surname, in the absence of, or without, the mother’s consent. On the 22nd September 2020, the Constitutional Court heard arguments from the Centre for Child Law asking the Court to confirm a finding of the Makhanda High
Guardianship is an adults’ right and responsibility. In terms of the Children’s Act 38 of 2005 a person who acts as a guardian must: 1) Administer and safeguard the child’s property and property interests; 2) Assist or represent the child in administrative, contractual and other legal matters; or 3)
South African law recognises several marital regimes that spouses can enter into. One of these marital regimes is the customary marriage in terms of the Recognition of Customary Marriages Act No. 120 of 1998. A customary marriage means a marriage concluded in accordance with customary law. In order to
