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BILL TOLKEN HENDRIKSE INC.

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BILL TOLKEN HENDRIKSE INC.

The Family Law Department focuses on all aspects of law relevant to the enforcement and protection of individual’s rights in personal relationships.

04/09/2026

⚖️ CAN CHILD MAINTENANCE BE INCREASED OR REDUCED?

Life changes - but a maintenance order does not change automatically.

Maintenance may be increased when a child’s reasonable school, medical, living or extracurricular expenses rise, or when the existing contribution no longer reflects the child’s needs and the parents’ respective financial means.

A reduction may be considered following a genuine and substantial change, such as job loss, reduced income, serious illness, disability or retirement.

❗ Never stop or reduce payments without a court order. The existing order remains enforceable until it is formally changed or discharged by a court. Applying for a variation does not suspend your current obligations.

If your circumstances have changed, speak to our Family Law Department for professional advice.

Bill Tolken Hendrikse Inc. | Family Law

📍 Stellenbosch | Bellville
📞 021 002 5371 | 021 944 3000

🌐 www.billtolken.co.za

General information only. This post does not constitute legal advice.

20/08/2026

WHEN FAMILY CONFLICT COSTS A CHILD THEIR GRANDPARENTS

When relationships break down, grandparents can sometimes become unintended casualties - suddenly losing contact with a grandchild they have loved, supported and helped raise.

Grandparents do not have automatic contact rights, but section 23 of the Children’s Act 38 of 2005 provides a legal route to apply for contact with, or care of, a grandchild.

The court’s most important consideration is always:

What is in the best interests of the child?

The court may consider the existing bond, the grandparent’s involvement in the child’s life, the child’s age and views where appropriate, and importantly, why contact was stopped.

Where possible, mediation can also help families reach an agreement without putting a child in the middle of adult conflict.

If you are a grandparent being denied contact, getting legal advice early can help you understand your options.

Bill Tolken Hendrikse Inc. | Family Law
📍 Stellenbosch & Bellville
📞 021 002 5371 | 021 944 3000
🌐 www.billtolken.co.za

General information only. This does not constitute legal advice.

12/08/2026

YOU’RE NOT THEIR BIOLOGICAL PARENT - BUT COULD YOU STILL HAVE A DUTY TO SUPPORT THEM?

South African families don’t always fit into traditional boxes.

A stepparent may live with a child, contribute financially, pay school or medical expenses and become an important parental figure in that child’s life.

But what happens when the relationship ends?

Does a stepparent automatically have to pay maintenance?

Generally, no. A stepparent does not automatically acquire the same legal duty of support as a biological or adoptive parent simply by marrying or living with a child’s parent.

But the legal position can become more complicated where someone has actively assumed a parental role.

A recent 2026 Supreme Court of Appeal matter, B.E v N.T, arose from a dispute involving a stepfather who had played a significant emotional and financial role in a child’s life. While the SCA decision centred on whether an interim Rule 43 order was appealable, the case highlights an increasingly important question in modern family law: what happens when the reality of parenting extends beyond biology?

South African courts place the best interests of the child at the centre of matters involving children.

Every family is different, and questions involving stepparents, parental responsibilities and maintenance can be legally complex. The role you have played in a child’s life - and the legal arrangements that exist - may matter.

Stepparent? Blended family? Unsure where you stand legally?

Getting advice early can help you understand your rights and responsibilities before a dispute arises.

Bill Tolken Hendrikse Inc.
Family Law Department
Stellenbosch & Bellville
📞 021 002 5371 | 021 944 3000

03/08/2026

⚖️ WE’RE HIRING | SECOND YEAR CANDIDATE ATTORNEY – FAMILY LAW

📍 Bill Tolken Hendrikse Inc. | Stellenbosch

We are looking for a motivated Second Year Candidate Attorney to join our Family Law department at our Stellenbosch branch.

This is an opportunity for a candidate with a genuine interest in South African family law to gain meaningful, hands-on experience in a busy and established practice.

THE ROLE

Working closely with our Head of Department, you will gain practical experience across a broad range of family law matters and have the opportunity to run your own matters, including:

• Divorce litigation
• Maintenance disputes
• Care and contact matters
• Rule 43 applications
• Related trust and commercial law matters
• Court appearances, consultations, research and legal drafting

This is a practical, client-facing position with exposure to litigation from the ground up.

WHAT WE’RE LOOKING FOR

• Completed LLB degree
• Second-year Candidate Attorney
• Right of appearance in the Magistrate’s Court
• A genuine interest in family law
• Valid driver’s licence and own reliable vehicle
• Strong written and verbal communication skills
• Sound legal research and drafting ability
• Excellent attention to detail
• Ability to manage a demanding workload
• A professional, discreet and client-centred approach

WHAT WE OFFER

• Hands-on training under experienced family law practitioners
• Exposure to a varied and interesting caseload
• A supportive, collegial working environment
• A clear pathway towards admission as an attorney

📍 Position based at our Stellenbosch branch

HOW TO APPLY

Send your CV, covering letter and academic transcript to:

📧 [email protected]

Please use the subject line:
Second Year Candidate Attorney – Family Law – Stellenbosch

Know someone who would be a great fit? Please share this opportunity with them.

31/07/2026

Family isn’t defined by biology alone.

Many children in South Africa are raised by step-parents, grandparents, partners and other caregivers who play a vital role in their lives. The law is increasingly recognising that what matters most is the child’s best interests.

A recent High Court judgment confirmed that a non-biological caregiver may apply for contact, care and even joint guardianship where they have a genuine relationship with the child. Being biologically related is no longer the only factor the court considers.

If you’ve been a constant presence in a child’s life, keep records of your involvement. Daily care, financial support, school participation and medical decisions can all make a difference if a dispute arises.

Every family’s situation is unique. Getting legal advice early can help you understand your rights and the best way to protect your relationship with the child.

📍 Stellenbosch & Bellville
Tel: 021 002 5371 / 021 944 3000

If you need advice on parental rights, guardianship or family law, Bill Tolken Hendrikse Inc is here to help.

23/07/2026

Can a maintenance order be changed?

Life changes. Jobs are lost, salaries increase, children grow, and expenses change. South African law recognises this, which is why maintenance orders can be increased or reduced when there’s a significant change in circumstances.

One of the biggest misconceptions is that parents can simply agree to pay less or stop paying when finances become difficult. They can’t. A maintenance order remains legally binding until a court changes it.

Whether you’re seeking an increase because your child’s needs have grown, or a reduction because your financial circumstances have genuinely changed, the correct legal process is essential.

Most importantly, the court will always place the child’s best interests first.

If you’re unsure whether you qualify to apply for a variation of a maintenance order, get legal advice before making any changes to your payments.

📞 021 002 5371 | 021 944 3000
📍 Stellenbosch & Bellville

15/07/2026

What if your marriage was never legally valid from the start?

An annulment is not the same as a divorce.

Divorce ends a valid marriage. An annulment challenges whether the marriage was legally valid in the first place.

Fraud, duress, serious misrepresentation or a lack of legal capacity may affect the validity of a marriage in certain circumstances.

But a lie, a secret or a marriage that has broken down does not automatically qualify for annulment.

Every case turns on the facts.

Swipe through to understand the difference between divorce and annulment. 👉

Think your marriage may have been legally defective from the start? Speak to our family law team about your specific circumstances.

📞 021 002 5371 | 021 944 3000
📍 Stellenbosch & Bellville

Bill Tolken Hendrikse Inc. | Family Law Attorneys

09/07/2026

Can your spouse force you out of the family home?

In South African law, one spouse cannot simply decide that the other must leave the shared home because the marriage has broken down.

While the marriage still exists, both spouses may have rights of occupation, even if the property is registered in only one spouse’s name.

The position changes where there is abuse, intimidation, harassment or controlling behaviour. In those cases, the affected spouse may apply for a protection order, and the court can make an order dealing with who may remain in the home.

Where there is no domestic violence, but urgent arrangements are needed during divorce proceedings, a spouse may approach the court for interim relief.

The important point:
You do not have to leave simply because your spouse tells you to.

Get legal advice before moving out, changing locks or making decisions that may affect your rights.

Bill Tolken Hendrikse Inc
Family Law | Divorce | Maintenance | Parenting Disputes

Contact our offices and make an appointment for expert legal advice from our family law attorneys.

Tel: 021 002 5371 / 021 944 3000
📍STELLENBOSCH | 📍BELLVILLE
Email: [email protected] / [email protected]
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03/07/2026

Co-parenting after separation is not about who wins. It is about what protects the child.

In South African family law, decisions around care, contact, school arrangements, holidays and maintenance are guided by one central principle: the best interests of the child.

A clear parenting plan can help reduce conflict, set proper boundaries and give both parents a practical framework to follow.

When emotions are high, legal clarity matters.

Need advice on parental rights, responsibilities or a parenting plan?

Bill Tolken Hendrikse Inc
Family Law Attorneys
Stellenbosch | Bellville
Tel: 021 002 5371 / 021 944 3000
Email: [email protected] / [email protected]

25/06/2026

The child comes first. But the law still matters.

In South African family law, every decision involving a child must be guided by one central principle: the best interests of the child.

But that does not mean a parent can simply take the law into their own hands.

If there are concerns about care, contact, safety or a parenting arrangement, those concerns must be dealt with through the proper legal channels. Court orders, parenting plans and contact arrangements carry weight. Ignoring them can create more conflict, more uncertainty and more harm for the child caught in the middle.

A parent who is genuinely worried about a child’s wellbeing should act quickly, but lawfully.

That may mean approaching the court, involving the Family Advocate, seeking urgent legal advice or asking for an existing order to be varied.

Children need protection.
Parents need clarity.
The law provides a process for both.

At Bill Tolken Hendrikse Inc, we assist with family law matters involving care, contact, guardianship, parenting plans and child-related disputes.

📞 021 002 5371 / 021 944 3000
📍 Stellenbosch | Bellville
✉️ [email protected] / [email protected]

Address

1 Sarel Cillers Street
Bellville
7530

Opening Hours

Monday	08:00 - 16:30
Tuesday	08:00 - 16:30
Wednesday	08:00 - 16:30
Thursday	08:00 - 16:30
Friday	08:00 - 16:30

Website

http://www.billtolken.co.za/

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