Learning from experience

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FAMILY SOLICITORS – AN OVERVIEW

Family Law Solicitors, much like South African Family Law Attorneys deal with a number of issues which include jurisdiction and conflict of law; pre- and post-nuptial agreements (ANC’s)  and matrimonial property regimes; divorce, nullity, children, surrogacy and adoption, cohabitation, family dispute resolution, civil partnership/same-sex marriage. Common law is the

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HOW IS IMMOVABLE PROPERTY DEALT WITH IN DIVORCE?

If immovable property is registered in a deeds registry and it formed an asset of a joint estate of spouses have been divorced, and one of them has, in terms of a divorce order acquired the share of his or her former spouse in the property, the registrar may,

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UNIVERSAL PARTNERSHIPS

There is no common-law marriage in South African law and therefore the period of time that a couple spends living together does not translate into a default marriage. The principle of a universal partnership assists cohabitees by affording them a right to a share in the property acquired during

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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 parents’ 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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