Articles Published - Divorce, Child and Family Law Archives

Pulse | Can a surviving spouse’s maintenance claim override a property inheritance?

In De Bruyn v The Master of the High Court, the Supreme Court of Appeal (‘the SCA’) recently upheld the Master’s refusal to prohibit a surviving spouse’s maintenance claim which effectively exhausted the estate available for distribution. Although the deceased

All About Property Newsflash | Major court rulings shaping property law

In this edition of All About Property, STBB’s Darren Brander explores a landmark ConCourt decision and its implications for property developers and we report on the Western Cape High Court’s abolition of the ‘husband’s domicile’ rule. Landmark Constitutional Court judgment

All About Property Newsflash | ‘Husband’s domicile’ rule declared unconstitutional: A turning point for matrimonial property law

In a significant victory for gender equality and the rights of same-sex couples and non-binary persons, the Western Cape High Court has decisively struck down one of the last vestiges of a historically patriarchal approach to matrimonial property law in

Pulse | Beyond the numbers: A closer look at South Africa’s latest divorce statistics

Recently, Statistics SA released its latest and much-anticipated data on marriage and divorce in South Africa. Revealing more than just numbers, the statistics reflect a clear pattern of evolving gender roles, increased financial autonomy for women, and changing attitudes toward

Blog | How do South Africa’s courts determine the care and contact of minor children?

For parents in the process of divorcing or separating, the care and contact of minor children is often contentious. Under South African law, these arrangements are governed by the Children’s Act and determined with reference to a key legal principle,

All About Property | Property rights alert: Does the ConCourt ruling impact your marriage?

In a seminal and highly publicised ruling, the Constitutional Court recently confirmed a critical legal principle directly impacting married couples’ property rights: Once married, you cannot change your matrimonial property regime by private agreement alone. Instead, a court application under

Pulse | Thinking about divorce? Key considerations before you decide

For many, the start of a new year can trigger difficult questions about the future of a marriage. If you are contemplating divorce in 2026, it is critical to understand that the decisions made at this stage carry significant legal

Pulse | Holiday contact disputes: What separated parents should know

After the summer or mid-year school holidays, many separated or divorced parents find themselves dealing with more than just back-to-school routines. For some, the break has highlighted – or worsened – ongoing holiday contact disputes and related co-parenting concerns. If

Pulse | Muslim marriages: Does issuing a talaq after divorce proceedings have been instituted prevent a spouse from claiming maintenance?

Recently, the Western Cape High Court was tasked with considering the legal effect of issuing a talaq – after formal proceedings to end the marriage have been instituted under the Divorce Act – on the application for interim relief pending

Blog | Taking legal action: How to apply for a protection order in South Africa

Towards the end of last month, the South African government formally recognised the scourge of gender-based violence and femicide as a ‘national disaster’ pursuant to section 23 of the National Disaster Act. For many survivors of gender-based violence and individuals