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 […]
Online dispute resolution in family law Technology is an unavoidable feature of modern life. More and more daily activities are digitalised; chatbots are commonplace and AI tools are beginning to permeate every facet of our lives, from healthcare to fitness. The legal profession is no exception. One of the most noticeable shifts has occurred in […]
New strategies for modern families The concept of “family” is changing. It no longer automatically implies a heterosexual couple and 2.4 children. Same-sex couples adopt or have their own children, either through donor insemination or surrogacy. As more marriages end in divorce, we see more blended families as individuals find new life partners, with or […]
Innovative financial strategies in divorce Divorce is a complex and emotional process, especially when it comes to dividing finances and assets. A settlement perceived as fair by both parties lets them move forward with financial stability and without smouldering resentment. But asset division is rarely a smooth process, even in marriages in community of property […]
Why the “third way” might be the best option If you are contemplating divorce, you may be wondering what the process involves. In South Africa, there are three types of divorce: contested, uncontested and mediated. Mediation benefits can keep disputes out of court. Uncontested divorce is the quickest and least expensive option. The spouses work […]
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 […]
Business interests need to be considered long before the marriage ends Divorce is a process of financial uncoupling as much as emotional separation. The division of assets may be contested and it may take a while to reach agreement, particularly where a couple has a high net worth. What happens when there are significant business […]
Divorce is more than the end of a relationship Divorce is, first and foremost, an emotional event. Or is it? Historically, marriage was often not about love, but about property. Marriage was a foundation of economic and social stability. Marriages were frequently enacted to strengthen alliances or consolidate wealth or land. Marriage formed the basis […]
