Articles Published - Divorce, Child and Family Law Archives - Page 4 of 5

Pulse | Serving the best interests of the child: SCA upholds High Court decision denying father primary residence and care

In a recent judgment highlighting the critical importance of the best interests of the child standard in divorce proceedings, the Supreme Court of Appeal (‘the SCA’) denied a father’s application for leave to appeal an order of the North Gauteng

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

Newsflash | Government forges ahead with plan to blacklist child maintenance defaulters

Last Friday, the Department of Justice and Constitutional Development, in collaboration with the Social Justice Foundation, concluded a Memorandum of Understanding (‘MoU’) with the Consumer Profile Bureau to blacklist parents who default on their child maintenance payments. According to research

Pulse | Pension Funds Adjudicator dismisses claim that biological twins of deceased sperm donor are entitled to receive death benefits

In a ruling that evinces the contemporary complexities of the family law terrain, the Pension Funds Adjudicator (‘PFA’) recently dismissed a peculiar claim from the mother of a deceased sperm donor’s biological twins against Old Mutual Wealth Retirement Annuity Fund

All About Property | To have and to hold: What happens to your property if your spouse is declared insolvent?

Undoubtedly, insolvency produces profound patrimonial and proprietary consequences. These consequences can be particularly devastating for married persons, irrespective of their marital regime. In a marriage of community of property, spouses’ assets, including movable and immovable property, and liabilities are pooled

Pulse | 12 years of acrimony: A cautionary tale for couples in the process of divorcing

Earlier this month, the Johannesburg High Court ruled on an opposed Rule 43(6) application brought by the applicant to reduce his maintenance obligations in an ongoing divorce matter. The respondent counter-claimed, seeking an increase in maintenance and the payment of

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

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