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Family Law

News & insights regarding 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

Navigating employment, gender equality and parental leave

Introduction On October 25, 2023, the Gauteng Division of the High Court of South Africa delivered a significant judgment in the case of Van Wyk & Others v The Minister of Employment and Labour. This legal challenge targeted sections 25, 25A, 25B, and 25C of the…

Provided By SchoemanLaw Inc

Another Constitutional challenge in family law

On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court. The Court invited Adams & Adams Attorneys, together with…

Provided By Adams & Adams

by Shani van Niekerk

Recent amendments to the Domestic Violence Act: curbing religious abuse

Religion remains a significant facet of many South African citizens’ lives, cherished deeply. Regrettably, some people still exploit religion, using it to manipulate and justify...

by Philip Venter

Certain sections of Children’s Amendment Act in effect

Certain sections of the Children’s Amendment Act have come into effect. Proclamation 142 was published in Government Gazette 49615. President Ramaphosa assented to the act in January...

Navigating the grounds for divorce: From fault to no-fault

Introduction South Africa has seen a transformative journey in its divorce laws, a transition from the fault-based approach to the more contemporary no-fault system. This article...

by SchoemanLaw Inc

Safeguarding the vulnerable – A look into South Africa’s Guardian’s Fund

The strength of a society is reflected in how it protects its most vulnerable members. South Africa’s Guardian’s Fund falls under the purview of the...

Equality for “all parents of whatever stripe”

In the groundbreaking judgment of Van Wyk v Minister of Labour, parental and maternity leave, a subject once bound by traditional gender roles and perspectives,...

by Sandro Milo, Kyle Lamb and Dylan Bouchier

Constitutional Court changes the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce...

by Shani van Niekerk

Requirements for withholding pension funds from a member

Introduction to the Pension Funds Act: The Pension Funds Act plays a crucial role in safeguarding pension benefits, aiming to prevent individuals from relying solely on...

Working, loving and living in SA

It’s not just black and white The 24th of September is a special day to us all. After Freedom Day, it’s our most widely appreciated and...

by Michael Visser

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