Learning from experience

Case Study

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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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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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RULE 43 INTERIM MAINTENANCE APPLICATIONS

Rule 43 of the Uniform Court Rules provides parties involved in divorce proceedings with the opportunity to approach the court for an order granting interim relief pending the finalisation of a divorce. This rule aims to avoid any considerable prejudice to either party pending divorce.  The interim relief the

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PARENTAL ALIENATION 

Parental Alienation as a form of emotional child abuse and is the single most important concern for Family Law practitioners in South Africa. Parental alienation occurs when separated parents inflict doubt in the children’s minds towards the other parent resulting in frustration by one parent to have contact with

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COHABITATION AND A DUTY OF SUPPORT

Cohabitation, living together or a domestic partnership, is not recognised as a legal relationship by South African law. There is, consequently, no law that oversees the rights of parties in a cohabitation relationship. Cohabitation usually refers to people who, regardless of gender, live together without being validly married to

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