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 this marital regime is to protect their assets and financial position prior to and during the marriage. Protection is offered…

Topics: Family Law

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, with the exception of three sections of the Act which required the making of regulations.…

Topics: Family Law

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…

Topics: Family Law

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…

Topics: Family Law

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 …

Topics: Family Law

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 victory for twelve media houses who opposed an application by the Centre for Child Law, Childline SA and ‘Zephany…

Topics: Criminal Law | Dispute Resolution | Family Law

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 a non-racist, non-sexist and inclusive South Africa necessitated that steps be taken to urgently…

Topics: Constitutional Law & Civil Rights | Criminal Law | Family Law | Government, Politics & Policy

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…

Topics: Family Law

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 customary law, religious rites, or in a civil or church marriage. Customary Marriages The Recognition of …

Topics: Constitutional Law & Civil Rights | Family Law

Death Rehearsal 101 – It’s never too early to get your affairs in order

My uncle, who just turned 95, recently invited me to his death rehearsal. Despite what may immediately come to mind, a death rehearsal is not a staged funeral with the soon to be deceased attending. In fact, it is a full run through of everything your loved ones will need…

Topics: Family Law | Wills, Estates & Trusts

The legal effect of long term relationships – Cohabitation interpretation

When asked at a recent Comic Con about the future living arrangements of their characters, Amy and Sheldon on the hit TV series The Big Bang Theory, Jim Parsons (Sheldon) quipped “Right now, there is such a new world of living together and what that means, and working…

Topics: Family Law

Part 2: Paternity leave a step closer to becoming law

While part 1 of this ENSight looks at South Africa’s fresh approach to maternity leave, this part looks at an even more dramatic legislative shift, which could soon see the following fundamental changes to South Africa’s employment law: the effective recognition…

Topics: Family Law | Labour Law

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…

Topics: Family Law | Labour Law

Forced marriage through Ukuthwala is now a criminal offence

The act of a man abducting a girl or young woman for the purposes of conducting a forced marriage was yesterday declared to be a criminal offence and has been incorporated into the Trafficking in Persons Act. This welcome development is the result of a human trafficking…

Topics: Constitutional Law & Civil Rights | Criminal Law | Family Law

Protect women from violence through better use of law

Last week was International Day for the Elimination of Violence against Women. One of the ways to raise awareness and combat this offence is to better apply laws that protect women. Thirty-five years ago, a group of activists set aside November 25th as a day in which…

Topics: Constitutional Law & Civil Rights | Criminal Law | Family Law

Hogan Lovells Receives Three Outstanding Pro Bono Awards

Hogan Lovells was recognized with three outstanding pro bono awards for its legal representation and extensive law and policy revision work with Pro Bono Partnership, Sanctuary for Families, and the Capital Area Immigrants’ Rights (CAIR) Coalition. The firm…

Topics: Criminal Law | Family Law

Local Charities Benefit From Global Community Care Drive

Various charity organisations and NGOs across South Africa are set to benefit from RE Cares, an annual global community programme spearheaded by leading content and technology solutions provider, LexisNexis South Africa, through its global parent company, …

Topics: Energy & Environmental Law | Family Law

Legal Guide to tackle HIV/AIDS stigma and discrimination

South Africa has over the years developed a progressive legal and policy framework to protect human rights for all people living with HIV and AIDS. However continued stigma and discrimination often remain barriers to accessing treatment and efforts to fight the…

Topics: Constitutional Law & Civil Rights | Family Law | Health & Pharmaceutical Law

Gauteng Attorney’s Piece On ‘Ukuthwala’ Earns Top Honours

“One of the fundamental ideals set out in the Preamble of the Constitution is the attainment of a society based on social justice. This ideal will remain a pipedream if the dehumanisation, sexist exploitation and suffering of black women and girls under patriarchal…

Topics: Constitutional Law & Civil Rights | Family Law

The legal advantages of marriage

Beyond having someone to call “hubby”, there are other benefits enjoyed by partners who are bound by a legally recognised marriage. This includes: Duty of support: If you are married, you and your spouse are obliged to support each other, depending on your respective…

Topics: Contract Law | Family Law | Wills, Estates & Trusts

Family Law

Antenuptial contracts and their impact on joint businesses in marriage

Maintenance Amendment Act, stricter measures for defaulters

Antenuptial contracts: With or without the accrual system?

Antenuptial Contracts – Yes or no?

How do I claim maintenance?

Should minors be identified after turning 18?

Budget Vote for the Department of Justice & Constitutional Development

Common-law marriage in South Africa

Forms of marriage in South Africa

Death Rehearsal 101 – It’s never too early to get your affairs in order

The legal effect of long term relationships – Cohabitation interpretation

Part 2: Paternity leave a step closer to becoming law

Part 1: The new approach to maternity leave

Forced marriage through Ukuthwala is now a criminal offence

Protect women from violence through better use of law

Hogan Lovells Receives Three Outstanding Pro Bono Awards

Local Charities Benefit From Global Community Care Drive

Legal Guide to tackle HIV/AIDS stigma and discrimination

Gauteng Attorney’s Piece On ‘Ukuthwala’ Earns Top Honours

The legal advantages of marriage

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