South Africa: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Can You Get Married If Home Affairs Still Reflects You As Married?

Many South Africans are surprised to discover that, despite being divorced for years, the Department of Home Affairs (DHA) still reflects their marital status as married.

South Africa Family

BI

Barnard Inc.

How Courts In South Africa Decide On Placement For Vulnerable Children

When a minor child is believed to be in need of care and protection, the law provides a clear framework to ensure the child's immediate safety and long-term wellbeing.

South Africa Family

BI

Barnard Inc.

Does A 'Father' Have A Right To Demand A Paternity Test?

When questions arise about the biological relationship between a father and a child, emotions often run high. These disputes frequently surface in maintenance matters, where an alleged father...

South Africa Family

BI

Barnard Inc.

But Who Will Keep Our Pets?

In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant.

South Africa Family

AA

Adams & Adams

Including Grandparents And Extended Family On Co-Parenting Arrangements

South Africa Family

BI

Barnard Inc.

Handling Parenting Disagreements

South Africa Family

BI

Barnard Inc.

A Billionaire's Guide To Protecting Your Company From Divorce Fallout

South Africa Family

BI

Barnard Inc.

What Is An Antenuptial Agreement In South Africa

South Africa Family

BI

Barnard Inc.

Types Of Marriage Contracts Available In South Africa

South Africa Family

BI

Barnard Inc.

What Black Coffee's Divorce Teaches About Customary Marriages

South Africa Family

FW

Fairbridges Wertheim Becker

Validation Of Customary Law Marriage Requires More Than A Copy Of Identity Document

South Africa Family

E

ENS

New Marriage Bill: Changes To South Africa's Fragmented Marriage Legislation

South Africa Family

F

Fasken

Can A Husband Claim Maintenance?

South Africa Family

BI

Barnard Inc.

The High-Stakes Divorce Playbook For Entrepreneurs

South Africa Family

BI

Barnard Inc.

The Kiddos vs. Chickees Packaging Battle

South Africa Media & IT

E

ENS

Africa Tax In Brief

E

ENS

Protecting African Innovation: A Catalyst For Scale And The Future Of IP

South Africa IP

AA

Adams & Adams

Can You Get Married If Home Affairs Still Reflects You As Married?

South Africa Family

BI

Barnard Inc.

COIDA Amendments Take Effect: What Employers Need To Know

South Africa Employment

WW

Webber Wentzel

The Accrual System In Divorce

South African couples married out of community of property with accrual retain separate estates during the marriage but share in the net growth of both estates on divorce.

South Africa Family

BI

Barnard Inc.

Forfeiture Of Accrual

Section 9 of the Matrimonial Property Act 88 of 1984 empowers a court to order forfeiture of the accrual share where one party would unduly benefit from the application of the accrual system.

South Africa Family

BI

Barnard Inc.

Breaking The Property Deadlock With 'Actio Communi Dividundo'

When divorcing spouses cannot agree on what to do with jointly owned property, the deadlock can cause financial hardship – particularly for the spouse responsible for daily expenses and the care of minor children.

South Africa Family

BI

Barnard Inc.

Parents Can Claim Maintenance For Adult Dependent Children

Many divorcing or separated parents assume that the duty to pay maintenance ends once a child turns 18. That belief was decisively corrected by the Supreme Court of Appeal in Z v Z 2022 (5) SA 451 (SCA) (21 July 2022),

South Africa Family

BI

Barnard Inc.

Can A Maintenance Subpoena Be Challenged?

South Africa Family

BI

Barnard Inc.

Trust Creation And Asset Concealment In South African Divorce Proceedings

South Africa Family

BI

Barnard Inc.

The Who's Who In Divorces

South Africa Family

AA

Adams & Adams

Parental Alienation And The Child's Best Interests

South Africa Family

BI

Barnard Inc.

Recovering Long-Overdue Maintenance: Using Sections 26 & 28 Of The Maintenance Act

South Africa Family

BI

Barnard Inc.

Don't Let Your Business Get Caught In The Crossfire

South Africa Family

BI

Barnard Inc.

Must A Surviving Parent Prove Their Financial Means To Claim Maintenance From A Deceased Estate?

South Africa Family

F

Fasken

Are Muslim Marriages Recognised In Terms Of South African Law?

South Africa Family

FW

Fairbridges Wertheim Becker

HC v CC: Another Step To Achieve Gender Equity In Divorce Matters

South Africa Family

F

Fasken

Divorce And Wills: The 3-Month Countdown You Cannot Ignore

South Africa Family

FW

Fairbridges Wertheim Becker

Must A Surviving Parent Prove Their Financial Means To Claim Maintenance From A Deceased Estate?

On 7 June 2024, the Pretoria High Court handed down a judgment in the case of LL v AM and Others. The court dismissed an exception raised by the executors of a deceased estate ("the Defendants")...

South Africa Family

F

Fasken

Are Muslim Marriages Recognised In Terms Of South African Law?

Are you unsure of the patrimonial consequences (financial and property-related effects of a legal event) of your imminent or current Muslim marriage?

South Africa Family

FW

Fairbridges Wertheim Becker

HC v CC: Another Step To Achieve Gender Equity In Divorce Matters

Section 7(3) of the Divorce Act 70 of 1979 provides a mechanism for the redistribution of assets upon divorce for marriages entered into before the Matrimonial Property Act of 1984.

South Africa Family

F

Fasken

Divorce And Wills: The 3-Month Countdown You Cannot Ignore

Divorce is a major life change that necessitates an immediate review of your Will. The Wills Act, No. 7 of 1953 provides you with a three-month grace period, post-divorce to update your Will.

South Africa Family

FW

Fairbridges Wertheim Becker

Getting Married In South Africa? 5 Crucial Legal Aspects To Know Before Saying 'I Do'

South Africa Family

FW

Fairbridges Wertheim Becker

How To Obtain A Protection Order Against A Spouse In South Africa

In South Africa, married individuals are considered to be in a domestic relationship under the Domestic Violence Act.

South Africa Family

BI

Barnard Inc.

The Process Of Getting Married In South Africa: What You Need To Know

Many couples are uncertain about the process of getting married outside of a traditional ceremony. This question has become even more common in recent years, with many opting for a more straightforward.

South Africa Family

BI

Barnard Inc.

Divorce vs Separation In South Africa: What You Need To Know

In South Africa, there is no such thing as legal separation. If you and your spouse have been estranged for 20 years but never legally divorced...

South Africa Family

BI

Barnard Inc.

Think You Can Skip Maintenance? Think Again!

If you've ever found yourself on the receiving end of unpaid maintenance – or you know someone who is – there's good news...

South Africa Family

BI

Barnard Inc.

Thinking Of Changing The Locks On Your Spouse? Read This First!

South Africa Family

BI

Barnard Inc.

Can The Court Approve Your Settlement Agreement Without The Family Advocate's Endorsement?

South Africa Family

BI

Barnard Inc.

Recognition Of Customary Marriages Act

South Africa Family

AA

Adams & Adams

How Long-Term Marriages Influence Lifelong Maintenance

South Africa Family

BI

Barnard Inc.

In The Midst Of The Kolisi Divorce

South Africa Family

AA

Adams & Adams

Understanding The Termination And Acquisition Of Parental Rights And Responsibilities In South Africa

South Africa Family

BI

Barnard Inc.

Balancing Children's Best Interests In Acrimonious Court Battles

South Africa Family

BI

Barnard Inc.

Can I Withhold Maintenance If I'm Denied Contact With My Child? Understanding Your Rights And Remedies

South Africa Family

BI

Barnard Inc.

Yes, We Are! No, We're Not! Customary Marriages Under The Spotlight

South Africa Family

BI

Barnard Inc.

Saying "I DO" With Legal Certainty

South Africa Family

AA

Adams & Adams

Understanding The Divorce Amendment Act, 2024: What It Means For Muslim Marriages

South Africa Family

BI

Barnard Inc.

Understanding Customary Marriage In South African Law

South Africa Family

BI

Barnard Inc.

Johannesburg High Court Affirms Its Duty To Protect The Best Interests Of A Minor Child

South Africa Family

E

ENS

Another Win For Women And Children

South Africa Family

AA

Adams & Adams

Customary Law In South Africa: Are You Really Married?

South Africa Family

BI

Barnard Inc.

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