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.

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 a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates…

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 that you will sign in your life, besides your last Will and Testament. In my practice, the most frequently asked question…

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 the child/ren’s reasonable needs, which include, but are not limited to: housing, education, clothing, medical …

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, there is no such thing as a common-law marriage, no matter how long a couple may live together. Their cohabitation…

Part 1: The new approach to maternity leave

2017 looks set to bring about unprecedented change in South Africa when it comes to leave relating to the birth or adoption of a child. A fresh approach to maternity leave has already been sanctioned by the Labour Court, one that goes beyond the traditional notion that…

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