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REBUILDING YOUR FINANCES AFTER DIVORCE

Divorce is one of the most traumatic events a person can go through. It invokes emotions such as hurt, anger and disappointment that are hard to control, and it can take a long time to recover fully. Everyone knows how frustrating and emotionally difficult divorce can be, but often

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SAME SEX PARTNERSHIPS

Like any other heterosexual relationship, there is no law regulating same-sex relationships. Legal consequences only become applicable when: a same-sex relationship becomes more permanent and develops into a same-sex life partnership, not formalised through the Civil Union Act; the parties in a same-sex relationship get married in terms of

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THE VOICE OF THE CHILD

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

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THINGS TO CONSIDER BEFORE SAYING “I DO”

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

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RELOCATION OF CHILDREN DURING A DIVORCE

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 over

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EVICTING YOUR SPOUSE FROM THE MARITAL HOME

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 are

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CARE AND CONTACT ASSESSMENTS

Care & Contact Assessments are statutory investigations determining the best care and contact arrangements between a child/ren 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 are thorough

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LIVING ANNUITIES AND DIVORCE

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

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GUARDIANSHIP OF A MINOR CHILD

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)

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