Articles Published - Divorce, Child and Family Law Archives - Page 2 of 5

Blog | Can you amend your antenuptial contract in South Africa?

In South Africa, an antenuptial contract (‘ANC’) is an important legal instrument that regulates how spouses’ assets and liabilities will be managed during the course of their marriage and divided in the event of divorce or either party’s death. When

Blog | What to do if your antenuptial contract was never registered

In some property transfers, STBB’s conveyancing attorneys discover that antenuptial contracts prepared by other firms were never registered timeously – or at all. Unfortunately, this means that the transacting couple is married in community of property under South African law.

Newsflash | ConCourt strikes down unequal parental leave

On Friday, the Constitutional Court delivered a watershed judgment in Werner van Wyk v Minister of Employment that restructures South Africa’s parental leave regime. In a unanimous decision, the Court confirmed the invalidity of sections 25, 25A, 25B, and 25C

Newsflash | ConCourt rules husbands can take their wives’ surnames

In a resounding win for gender equality, the ConCourt has unanimously declared that certain provisions of the Births and Deaths Registration Act (‘the Act’) are unconstitutional for failing to allow men to assume their wives’ surnames after marriage. Following a

Newsflash | New Bill aligns SA’s divorce laws with the Constitution

Signifying the evolving nature of South Africa’s family law terrain, the much-anticipated General (Family) Laws Amendment Bill (‘the Bill’) was recently tabled in Parliament. Devised to give legislative effect to key 2023 rulings by the Constitutional Court, the Bill addresses

All About Property | August 2025

Up your game: The tax benefit every property investor should know about Smart investors know that planning is everything – and so is tax strategy. Designed to incentivise property investment, section 13sex of the Income Tax Act provides investors with

All About Property | Navigating property and divorce: The curious case of the sold matrimonial home and an anti-dissipation interdict

For STBB’s divorce attorneys, handling complex divorce matters with care and expertise is paramount – a requirement highlighted by a recent Western Cape High Court matter involving an attempt to interdict a Colombian national from using his proceeds from the

Pulse | A lesson in ‘lawfare’: High Court drags ex-husband for vexatious litigation

In a recent judgment, the Western Cape High Court laid down the law in an ongoing and acrimonious divorce battle by declaring an ex-husband a ‘vexatious litigant’ and interdicting him from instituting further proceedings. In this case, the applicant sought

Pulse | Navigating co-parenting disputes during school holidays

The imminent mid-year school holidays provide a perfect opportunity for families to relax and spend quality time together – and for parents to bond with their minor children. For various reasons, including divorce or separation, parents don’t always occupy the

Pulse | Zero tolerance: High Court sentences father to weekend imprisonment for defaulting on maintenance

In a decision that highlights the seriousness of defaulting on maintenance payments, the Western Cape High Court recently granted urgent relief to a wife (‘the applicant’) by finding her husband (‘the respondent’) in contempt of a prior maintenance order issued