Family law insights and commentary from the offices of divorce and family law attorney Simon Dippenaar.
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A protection order hearing in South Africa is the court process where the magistrate considers whether a protection order should be granted, confirmed, varied or refused. The outcome depends on the evidence, the facts, the nature of the relationship, and whether the conduct falls within domestic violence, harassment or another recognised basis for protection. If […]
Customary marriage divorce in South Africa is a court process. A valid customary marriage does not simply end because the spouses separate, stop living together, or agree informally that the relationship is over. If the marriage is legally valid, it must be dissolved by a court decree of divorce. This guide explains validity, registration, property […]
How maintenance court works in South Africa: who may apply, documents to bring, enforcement, and when to get legal help.
If you want to get a divorce in South Africa, the biggest mistake is starting with emotion and assumptions instead of process. The right first step depends on whether the matter is uncontested, whether there are children, and whether property or maintenance will be disputed. This page is the practical step-by-step version: what to do […]
Can you divorce without that human touch? Divorce is expensive. Even an uncontested divorce carries costs, at precisely the time when one household is becoming two, with all the associated financial consequences. With the rise and rise of AI, couples facing divorce are starting to ask, “Can AI do this for me? Do I really […]
What can we expect? In 2025, a new Marriage Bill is poised to rewrite decades of family law in South Africa. Initially introduced in December 2023, this landmark legislation aims to consolidate the Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998, and the Civil Union Act of 2006 into a simplified, […]
Quick answer: how maintenance enforcement works in South Africa If a person does not comply with a maintenance order, the recipient can approach the Maintenance Court for enforcement. Depending on the facts, the court may use remedies such as a warrant of execution, an emoluments attachment order, attachment of debts, or criminal non-compliance proceedings. Keep […]
How to ensure assets are not hidden in divorce proceedings Divorce is never simple, and the more sophisticated the couple’s finances and the more valuable the assets, the messier the divorce proceedings can become. Where large estates or family trusts are involved, one spouse may try to hide or protect assets from the equal distribution […]
