The validity of an Antenuptial Contract
John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed the contract on the 3rd of October 1993 in front of their attorney who had a Power of Attorney on their behalf to sign in front of a Notary, as […]
Can I refuse to pay maintenance if I am denied access to my child?
Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means. S 15(1) of the Maintenance Act states that a court order for the […]
Important concepts defined in The Domestic Violence Amendment Bill
The Domestic Violence Amendment Bill (the Bill) was introduced in the National Assembly in September 2020 but has yet to be signed into law by the President. There are various positive and helpful amendments presented in the bill. The Bill will come into operation on a date fixed by the President through the proclamation in […]
Welcome to your children’s new classroom: Your home
Since the beginning of the pandemic and the subsequent lockdowns, children have been obliged to approach their education in a whole new way, while parents have had no other choice but to become an active part of their children’s educational journey. While schools may have reopened, and children are once again filling up the classrooms, […]
High court reverses the discriminatory black marriage law
In the Edelstein judgment, which was handed down in 1952, the Appellate Division (as it then was) held that there is a rebuttable presumption that all civil marriages are deemed to be in community of property by default. In other words, should a couple not conclude an antenuptial contract before they get married, their marriage […]
Can I claim interim relief pending my divorce suit?
Divorce can often be an extremely stressful and exasperating process, and even more so when one spouse enjoys complete financial stability and the other has to endure a dire financial position. Such cases clearly create a huge imbalance amongst parties to the divorce suit. South African law, however, provides relief for a party who may be prejudiced by this imbalance. A spouse who plans on filing for a divorce or is currently in the […]
A child’s best interests and the adoption procedure
‘The best interests of a child’ is a concept deeply entrenched in our legal system – especially since the new constitutional dispensation. Section 28(2) of the Constitution provides that “A child’s best interests are of paramount importance in every matter concerning the child”. The best interest of a child is similarly of paramount importance in the adoption procedure. Adoption is the process […]
Marriage may finally become equal for all
Being a person’s spouse could have varying tax consequences, particularly where they are married in community of property. Currently, for income tax purposes, you are deemed to be a person’s spouse in the following instances: A person who is in a marriage or customary union recognised in terms of the laws of the Republic; A person who […]
Understanding maintenance responsibilities
The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce Act 70 of 1979. The parties can opt to settle […]
What is harassment according to the law?
The Domestic Violence Act 116 of 1998 (“the Act”) was enacted to recognise that domestic violence is a serious social evil. Because there is a high incidence rate of domestic violence within South Africa and victims of domestic violence are among the most vulnerable members of society, the Act seeks to afford the maximum protection from domestic abuse that the law can provide. The Domestic Violence […]