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Family Law

Family law or matrimonial law incorporates family matters and domestic relationships such as marriage and civil unions, divorce and annulment, child custody and the best interests of the child, maintenance, child abuse and domestic violence.

Summaries and Explanations of the Children’s Act

Unmarried partner gets maintenance – ruling

High Court finds in favour of an RAF claimant who was left without support after her partner, to whom she was not married but with whom she shared reciprocal duties of support, died in a fatal car accident. Jacobs v Road Accident Fund Introduction [1] The plaintiff issued…

Provided By Gildenhuys Malatji Incorporated

Muslim Personal Law in South Africa: Evolution and future status

About this publication: Muslim Personal Law in South Africa: Evolution and Future Status, the first South African book on the topic of Muslim personal law, introduces readers to the debate on the awarding of unique rights to specific communities. The recognition…

Provided By Juta

Custody or care of children

What is the difference between Guardianship, Custody and Care? Guardianship of a child has nothing to do with whom or where a child resides, as some...

by Candice Eve-Friis

Custody or care of children

How to change your marital regime

Couples sometimes rush into marriage and before they realise it, they are bound by South Africa’s default marital regime which is that of In Community...

by Abrahams & Gross

How to change your marital regime

Civil Union Amendment Bill sent to NCOP

The national assembly has passed the Civil Union Amendment Bill and sent it to the national council of provinces for concurrence. The private member’s bill, drawn...

Minimum wage and paternal leave addressed

After much anticipation, President Cyril Ramaphosa has signed the National Minimum Wage Bill and the Labour Laws Amendment Bill into law. These laws will bring about...

by Pascale de Froberville

New rules for SA psychologists testifying in Namibian courts

For as long as anyone can remember, psychologists from SA called to give expert evidence in the courts of their Namibian neighbours have been able...

by Carmel Rickard

Modern families: Surrogacy is an option

Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a “long and difficult” struggle to have another baby. How...

by Shani van Niekerk

Modern families: Surrogacy is an option

Amendments to employment legislation and what employers can expect

There have been some interesting proposed amendments to existing employment legislation as well as the possible addition of new legislation. The Labour Laws Amendment Bill is...

by Talia Conversano

Amendments to employment legislation and what employers can expect

Section pertaining to “surviving spouse” in Wills Act declared unconstitutional

In a landmark case handed down by the Constitutional Court on Friday 29 June 2018 in the matter of Moosa and Others v Minister of...

by Celeste du Plooy

Adultery ruling tarnished by ‘remedies’ suggestion

Botswana has joined the growing number of countries, world-wide and in Africa, that will no longer allow a damages claim for adultery. In the newest...

by Carmel Rickard

Antenuptial contracts and their impact on joint businesses in marriage

An antenuptial contract or ANC means that you are married out of community of property. The most common reason why people elect to marry with...

by Wesley Scheepers

Antenuptial contracts and their impact on joint businesses in marriage

Maintenance Amendment Act, stricter measures for defaulters

In 2015 the Department of Justice and Constitutional Development welcomed the signing of the Maintenance Amendment Act (Act No.9 of 2015) into law by President Jacob Zuma,...

by Department of Justice

Maintenance Amendment Act, stricter measures for defaulters

Antenuptial contracts: With or without the accrual system?

If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and...

by Brian Kahn Inc Attorneys

Antenuptial contracts: With or without the accrual system?

Antenuptial Contracts – Yes or no?

When it comes to Antenuptial Contracts (“ANC’s”) in South Africa, I am of the firm view that this document may be the most important document...

by Jennifer Stoler

Antenuptial Contracts – Yes or no?

How do I claim maintenance?

In South Africa it is required that both parents of a child/ren are obligated to maintain them according to their needs. Parents must attend to all...

by Jennifer Stoler

How do I claim maintenance?

Should minors be identified after turning 18?

The Northern Gauteng High Court recently ruled that all child offenders, victims and witnesses may be identified once they have turned 18. This was a...

by Joan van Niekerk

Budget vote for the Department of Justice & Constitutional Development

The task of building a stronger and inclusive democracy requires that we relentlessly continue to pursue the accessibility of the justice system. Our transition to...

by Department of Justice

Common-law marriage in South Africa

A client asked me how long a couple must live together, before they are regarded as being in a common-law marriage. Common-Law marriage In South African law,...

by Roy Bregman

common-law marriage

Forms of marriage in South Africa

In South Africa, there are several ways of getting married, depending on religion, custom or tradition. South Africans can choose to get married in terms of...

by Roy Bregman

marriage in south africa

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