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 […]
A Johannesburg businessman has been ordered to pay his estranged wife over R100,000 in spousal maintenance until their divorce is finalised. Reprinted from iol.co.za, by Brenda Masilela – 2023-10-23 The ruling was made by the South Gauteng High Court in Johannesburg after the wife filed a Rule 43 application in which she sought interim maintenance for […]
And go on to thrive The objective of divorce is to end a legal contract between two people who once loved each other and now no longer feel able to continue their life together. The love may have waned, or there may be other factors that make the pair incompatible and the relationship untenable. South […]
What couples need to be aware of when making financial decisions. Image: Shutterstock If you’re married out of community of property with the accrual system, you will have an ante-nuptial contract in place which sets out the financial consequences of your union. Including the accrual system is a way to ensure that each spouse gains […]
David Thomson, senior legal adviser at Sanlam Trust, says that the reality is that 40% of marriages end in divorce before their ten-year anniversary, citing Stats SA. And, divorce in general tends to be a very expensive affair. “Four out of 10 of the 25,326 marriages in 2016 came to an end before the ten-year […]
Motsoaledi targets marriages of convenience Home Affairs Minister Aaron Motsoaledi is set to crack down on marriages of convenience, often pursued for immigration purposes, as he ushers in a complete revamp to the Marriage Act, Customary Marriages Act and Civil Union Act. The single marriage law is due to come into effect next year. This […]
The importance of choosing the right matrimonial property regime We’ve written a lot about marriage finances and the importance of antenuptial (and postnuptial) contracts. The decisions you make before the wedding will impact on your union until it ends – either by divorce or death. Will you be married in community of property or out […]
Constitutional validity of Rule 43 challenged by aggrieved husband It was Charles Dickens who, through his character Mr. Bumble in Oliver Twist, said, “The law is an ass.” It’s true that sometimes the legal system can appear obstinate when laws are applied rigidly. But the law is also a stalwart tool that protects our rights. […]
