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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Investment division in divorce

Another consideration for high-net-worth and later-life divorce Divorce is inevitably emotional, messy, and complicated. It can even be traumatic. And the more complex and valuable the joint estate, the more sensitive and difficult the division of assets. We’ve written about the treatment of a second property in divorce and the perils of hiding assets (don’t […]

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The court as upper guardian of minor children

Protecting children’s best interests As family lawyers, we talk repeatedly about “the best interests of the child”. This is the principle that informs and underpins the Children’s Act and should be the first priority in any divorce where children as involved. It’s reasonable to expect parents to put the best interests of their children before […]

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The separation of issues in a legal case

Understanding Rule 33(4) of South Africa’s Uniform Rules of Court If you’ve ever been involved in a court case, you will know how complex the legal system can be. Often multiple issues are involved in a single court case. For example, in divorce proceedings, the decree absolute must be granted, legally dissolving the marriage. But […]

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