Family law Archives

Blog | Key concepts: Understanding guardianship, care, and contact

Under South African law, ‘guardianship’, ‘care’, and ‘contact’ are distinct legal concepts within the domain of child law. Primarily governed by section 18 of the Children’s Act (‘the Act’), these parental rights and responsibilities, which delineate the legal relationship between

Blog | Co-parenting after divorce: Best practices

Undoubtedly, navigating the challenges of co-parenting after a divorce can be stressful and overwhelming. To that end, a successful co-parenting arrangement requires mutual respect, co-operation, clear communication, and a commitment to prioritising your children’s needs. To minimise the potential for

Blog | Fast insights: Can I appoint an overseas guardian to care for my children?

Selecting a suitable guardian to care for your children in the event of your death is an exceptionally critical decision. It is therefore essential that your will not only outlines the distribution of your assets, but also designates a responsible

Pulse | Thought of the week: Why you need a skilled divorce attorney sensitive to family dynamics

When we enter into a marriage, we rarely anticipate its dissolution. Undoubtedly, divorce is an exceptionally challenging life event, which can be emotionally overwhelming, psychologically deleterious, and financially disruptive. During this difficult time, selecting a divorce attorney, who is not

Newsflash | Wedding season: Five reasons you need an ANC

Indisputably, organising a wedding is a time of great excitement and celebration. However, it also offers an ideal opportunity to safeguard one’s assets and financial future through careful planning. To that end, an antenuptial contract (‘an ANC’) is a valuable

Pulse | ‘Til divorce do us part: The Constitutional Court’s ruling on the enforceability of prenuptial agreements

Signifying the evolving complexities of family law, a contractual dispute connected to a divorce matter was recently ventilated before our Constitutional Court. In D H B v C S B, the Court was tasked with assessing the enforceability of a

Your Marital Regime and Ownership of Immovable Property

YOUR MARITAL REGIME AND OWNERSHIP OF IMMOVABLE PROPERTY Matrimonial Property Act 88 of 1984 In our experience, when couples are on the brink of celebrating the ‘big day’, they are confident that they understand the legal consequences of entering into

STBB Newsflash | Anti-Gender-Based Violence and Femicide Bill Signed into Law

Earlier today, President Ramaphosa signed the National Council on Gender-Based Violence and Femicide Bill (‘the Bill’) into law. The Bill, which recognises gender-based violence and femicide (‘GBVF’) as a pressing ‘social evil’ compounded by decades of structural violence, aims to

STBB Newsflash | A New Dawn for Muslim Marriages: Historic Divorce Amendment Act Signed into Law

Last week, President Ramaphosa signed the much-awaited Divorce Amendment Act* (‘DAA’) into law. DAA, which amends various provisions of the Divorce Act to provide for the dissolution of Muslim marriages, is a significant milestone in aligning South Africa’s family law

Thought of the Week | Prescription of a maintenance order

The underlying premise of prescription law is that a debtor’s liability to settle a debt lapses after a stipulated period and if not acted upon by the creditor. In the context of a divorce maintenance order, prescription can have serious

Blog | Key concepts: Understanding guardianship, care, and contact

Blog | Co-parenting after divorce: Best practices

Blog | Fast insights: Can I appoint an overseas guardian to care for my children?

Pulse | Thought of the week: Why you need a skilled divorce attorney sensitive to family dynamics

Newsflash | Wedding season: Five reasons you need an ANC

Pulse | ‘Til divorce do us part: The Constitutional Court’s ruling on the enforceability of prenuptial agreements

Your Marital Regime and Ownership of Immovable Property

STBB Newsflash | Anti-Gender-Based Violence and Femicide Bill Signed into Law

STBB Newsflash | A New Dawn for Muslim Marriages: Historic Divorce Amendment Act Signed into Law

Thought of the Week | Prescription of a maintenance order

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