Family law insights and commentary from the offices of divorce and family law attorney Simon Dippenaar.
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We’ve seen it so often in Hollywood blockbusters. The rich husband drops a bomb on his (usually much younger) wife just before she is to make it down the aisle. The words “I think we should get a prenup”, are usually followed by tears, hysteria and in worst cases a slap across a freshly-shaven face. […]
The main focus of the Children’s Act 38 of 2005 is that the child’s best interests are put first and foremost in every single case. Divorce is always going to be stressful and highly emotional for all involved – even in amicable separations. In order to stop children from being used as ‘bargaining chips’ when […]
Universal partnership agreement – Did you know that common law marriages do not exist in South Africa? In fact, there are no laws that regulate or automatically protect a couple that has been living together without a formal and binding agreement, regardless of how long they have been cohabiting. This is why a Universal Partnership […]
Child guardianship, the topic can become hotly contested within divorce proceedings. Typically, the court grants guardianship to both parents as part of the divorce settlement. But, in very specific circumstances, the court may grant sole guardianship to one parent or someone who is not the biological parent at all. Guardianship is the right and responsibility to manage a child’s interests; manage any assets or financial […]
Taking a child abroad without permission is abduction An acrimonious divorce can have a devastating effect on the family unit. This is especially true where issues relating to child custody have been the source of tension. There have been a number of cases where parents have taken their child abroad without the permission of the other parent, […]
A recent news article made mention of a parent resorting to standing outside a former partner’s workplace every day in a desperate attempt to gain access to their childs custody. Under South African law this behaviour is seen as an illegal protest. And yet, what other possible recourse was available? The breakdown of a relationship […]
Parent Plan After the divorce, will my children live with me, or my ex? One of the most important parts of your Parent Plan will focus on the primary residence of your children. Simply put, your Parent Plan will outline where your children live for most of the time, and which parent will care for […]
