Family law insights and commentary from the offices of divorce and family law attorney Simon Dippenaar.
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Postnuptial contract explained It is becoming more and more common for couples planning marriage to draw up an antenuptial contract (ANC), in which they define the division of property in the event of divorce (see What is an antenuptial contract?). Generally, marriages involving an ANC are out of community of property, that is, each party […]
Community of property under the accrual system: make sure your antenuptial contract reflects your intentions These days many couples contemplating marriage consider drawing up an antenuptial contract (ANC), often with the accrual. Historically, most marriages were ‘in community of property’, and this regime provided a degree of protection to women, who traditionally carried out household duties […]
What happens to the estate on the death of a spouse depends on the marital regime By Simon Dippenaar (as featured on FIN24.com) No one wants to think about dying, but it happens to us all eventually. Since death is the one thing we can’t escape, it makes sense to make the necessary arrangements and then […]
Narcissistic abuse We’ve written a lot about narcissistic control and abusive relationships in the past (click here). Why do we keep revisiting this topic? Because as divorce attorneys we see a disproportionate number of narcissistic personality disorder cases. Unsurprisingly, for the partners of individuals who suffer from these conditions, life can become unbearable and the breakdown […]
Parenting Coordination – In a high-conflict divorce, children are the unintended victims. However much the divorcing couple may claim to put the interests of their offspring first, very often children as used as pawns or bargaining tools between warring parents. Depending on the age and mental constitution of the children…and the severity of the conflict, […]
Married abroad? South Africa is a popular wedding destination, and it’s not hard to see why. Many of our beautiful wine estates offer wedding packages and our climate means that northern hemisphere couples have a much bigger “window” for a summer ceremony. Our foreign newlyweds will immediately be supplied with an Abridged Marriage Certificate, to […]
Muslim marriages – In 2005, when the Constitutional Court ruled that same-sex marriages should have the same rights, responsibilities and legal consequences as any other civil marriage or union, customary marriages also gained full recognition. Muslim and Hindu marriages, unfortunately, did not as they are not governed by civil law. Muslim marriages This situation is […]
What is a civil union in South Africa? A civil union is a legally registered union of two people who are both 18 or older under the Civil Union Act 17 of 2006. The couple chooses whether the union will be known as a marriage or a civil partnership. Both same-sex and opposite-sex couples may […]
