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
It is common knowledge that one of the greatest ills plaguing our democracy is the neglect and abuse of children. Our Constitution entrenches children’s rights in our society, which include the right to safety and security, and parliament has given effect to such rights by enacting the Children’s Act,
Filicide, is the murder of a child by a parent. Filicide is a multifaceted phenomenon with various causes and characteristics. Filicide is a relatively rare event. In attempts to determine reasons for child murder by parents, several authors have proposed general classification systems that categorize cases based mostly on
