What Is a Family Lawyer? Everything You Need to Know Before You Need One
If you’re wondering what is a family lawyer and whether you’ll ever need one, you’re not alone. In South Africa, family law is one of the most personal areas of legal practice, touching on everything from marriage and children to property and inheritance. Understanding the role of a family lawyer—before you’re in a situation that […]
Out of Community of Property with Accrual: What It Really Means for Your Marriage
Understanding what it means to be married out of community of property with accrual is crucial for couples planning their future in South Africa. This marriage regime offers a unique balance between financial independence and fair asset sharing, but it comes with specific legal and practical considerations. What does it mean to be married out […]
A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?
“I have never let my schooling interfere with my education.” (Mark Twain) Our Constitution guarantees everyone rights to education, but that doesn’t mean parents can necessarily pick and choose which schools they send their children to. Nor does it mean that they can expect schools to continue educating their children if they don’t pay the […]
This Wedding Season: What’s in a Surname?
“That which we call a rose, by any other name would smell as sweet.” (Shakespeare, in Romeo and Juliet) Your wedding to-do list will be a long one, and getting all the “boring legal bits” in order before you marry may not seem like a huge priority. But it is. Choices you make now will […]
Divorce and the New Three-Pot System: Another Risk To Manage
“Divorce is the one human tragedy that reduces everything to cash.” (Rita Mae Brown) How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant portion of a marriage’s assets, so it’s important to understand the implications of the new […]
Divorce Diaries: Anti-Dissipation Orders in Action
“Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law provides effective ways to protect yourself in […]
Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?
“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very strong protections offered to them by the Domestic Violence Act (“DVA”). […]
Unopposed Divorce in South Africa – A Basic Guide
Introduction to Unopposed Divorce Unopposed Divorces in South Africa lessens financial costs and emotional stress, enabling both parties to set aside any negative aspects that may hinder the process – allowing reasonable behaviour, amicable agreement and acceptance on the consequences of divorce. Understanding the procedure and legal requirements can help ease the burden. In South […]
A Basic Guide To Antenuptial Contracts
Why do you need an antenuptial contract? Most people seem to know that one should sign a contract before they get married, but not everybody understands the importance and implications of doing so. Herewith a a basic guide to antenuptial contracts. If people get married without first executing an antenuptial contract (also known as a […]
Child Maintenance – your rights and obligations
Maintenance for children – what are your rights and obligations? Who is obliged to pay maintenance? Both parents have an obligation to support their children according to their respective means regardless as to the nature of the relationship or living arrangements between them. Grandparents may have an obligation to child maintenance to support their grandchildren, […]