Prioritising children’s well-being Reprinted from Rising Sun – 2024-07-03 In South Africa, recent changes to the High Court and Regional Court rules require parties to indicate whether they have attempted mediation, are prepared to do so, or refuse mediation with reasons provided before initiating divorce actions. Child-centred Divorce Month, observed annually in July, aims to […]
Reprinted from iol.com, by Zelda Venter – 2024-06-14 An unemployed husband, who said he financially took care of the family during his marriage and whose wife said his source of income derived from criminal activities, has lost his share of his wife’s pension when they divorced. The husband turned to the Gauteng High Court, Pretoria, […]
Reprinted from iol.com, by Chevron Booysen – 2024-06-04 The Western Cape High Court has ruled it would be in the best interests of a 12-year-old boy to relocate to Germany following a custody battle between his divorced parents. Judge Gayaat Salie granted the mother, an air traffic controller who accepted a job offer in Germany, […]
Divorce Act changes: Reprinted from BusinessTech, by Luke Fraser – 2024-05-09 President Cyril Ramaphosa has signed the Divorce Amendment Bill into law, bringing changes to Muslim divorces in South Africa. The amendment to the Divorce Act of 1979 comes after the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa […]
A recent judgment calls into question the constitutionality of matrimonial regime When a couple marries in South Africa, they have a choice of matrimonial regimes. They can marry “in community of property”, which means all their assets, acquired before or after marriage, form a joint estate, which is divided equally on the dissolution of the […]
School choice can be a bone of contention for divorced parents When a couple with children divorces, their relationship does not end. They must continue to communicate and share responsibility for their children’s care and upbringing. And that includes school selection. In some locations, the choice of school is obvious. In a rural area there […]
Reprinted from The Sowetan Live, by Tina Hokwana – 2024-04-03 Deceased’s older kids did not recognise the couple’s marriage A widow, who married her husband in customary law, has successfully convinced the court to interdict the children of the deceased from selling her marital home. The North Gauteng High Court in Pretoria recently ruled that […]
Reprinted from Citizen.co.za The Constitutional Court has refused an Mpumalanga woman leave to appeal a 2019 judgment in terms of which a postnuptial agreement she and her now ex-husband entered into some 20 years after getting married, was deemed unenforceable. The two were married out of community of property in 1993. In 2014, however, they […]
