Case Studies
Mr Zulu approached our office to assist him with a divorce, where the parties have minor children. The divorce between Mr and Mrs Zulu is acrimonious, and Mrs Zulu has refused to allow Mr Zulu to have any contact with the minor children. In order to assist Mr Zulu
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
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
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
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
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
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
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
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
The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances in light of the best interests of the child and makes a recommendation to the
