Paternity disputes

How and why to determine paternity  When a woman gives birth, she knows the child is hers. However, the father has no such certainty. If the couple is in a loving and apparently monogamous relationship, the man can be fairly sure the baby is his. There is a theory in evolutionary psychology called “paternity certainty” […]

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ANCs protect your finances within marriage

Antenuptial contracts are not just for divorce Are you considering marriage? If so, you may have been advised to think about an antenuptial contract (ANC). Historically, marriages in South Africa were entered into in community of property, meaning the marital estate was a jointly held collection of assets. As long as the couple remained married, […]

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Can donations be revoked during a divorce?

Understanding the rights of donors and the legal status of joint estate contributions Young couples – and sometimes not-so-young couples – are often the grateful recipients of generous financial donations from family members who want to help the couple on their married journey, particularly in the current economic climate where a lump sum for a […]

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Dividing luxury items in divorce

Vehicles, art collections, antiques, jewellery and wine Divorce is never a word spoken lightly. Whether a marriage has lasted five years or 50, the end of what was meant to be a lifelong partnership is difficult. We’ve written about child custody and a range of issues parents of minor children have to consider when they […]

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The role of a receiver and liquidator in divorce

Pros and cons of liquidators and receivers in divorce proceedings Liquidators and receivers are more commonly associated with corporate failure. A liquidator is an individual or entity (often an accountancy firm) legally empowered to wind up a company’s affairs when it is closing – typically when the company is going bankrupt. A receiver is someone appointed […]

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