Divorce in later life

How to keep a late divorce from ruining your life There is a notable difference between divorce in the early years of a marriage and later in life. In the former, spouses tend to grieve the future they had planned together. Aspirations they may have had for buying a bigger house, raising their children together, […]

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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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Hindu marriage and South African law

Hindu Marriage

With recent changes to the Divorce Act, what now for Hindu marriage? We’ve written at length about customary marriage and Muslim marriage on this website, and have been pleased to see the evolution of our common law to accommodate diverse cultural and faith practices in South Africa. In June 2022, the Constitutional Court declared several […]

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Broken engagement? Who gets the ring?

Laws concerning engagement ring ownership vary around the world Regular readers of this blog will know that SD Law likes to keep abreast of legal news from around the world. South Africa is often in the vanguard of progressive legislation, such as our early sanctioning of same-sex marriage. At other times, laws are enacted in […]

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Non-biological guardians

What are their legal rights? The nature of families is constantly evolving, with more fluid attitudes about remarriage, same-sex marriage, life partnerships, and blended families prevalent today than in the past. The law is working hard to keep up. What happens when someone who is not a biological parent develops a deep bond with a […]

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New marriage laws for SA – Here is what you need to know

The Marriage Bill, currently awaiting approval by the National Assembly, seeks to introduce several changes. Here is what you need to know Reprinted from citizen.co.za, by Corne van Zyl – 2024-10-17 Pretoria residents should be aware that the Marriage Bill, currently awaiting approval by the National Assembly, seeks to consolidate and reform South Africa’s marriage […]

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