Divorce Attorney

16/06/2024

https://familylaws.co.za/addressing-school-child-bullying-south-africa-legal-ramifications-restorative-justice/

Explore the comprehensive approach to addressing child bullying in South Africa, focusing on legal ramifications and restorative justice. Learn about the role of the South African Schools Act, legal liabilities for schools, and the Child Justice Act’s rehabilitative measures.

27/01/2024

Unveiling the Intricacies of Divorce Law: Dive into our latest article titled 'Infidelity, Abuse, and Forfeiture: Behind the Gavel' – a detailed exploration of the M.F.B v J.B case. Discover how personal conduct, ranging from infidelity to abuse, and the rules of forfeiture, intricately weave into the final judgments of South African courts. This insightful piece sheds light on the complexities and emotional nuances of matrimonial disputes, offering valuable lessons for both legal professionals and individuals navigating these challenging waters. 🇿🇦 "

Discover the pivotal role of personal conduct and forfeiture in shaping divorce outcomes through an in-depth analysis of a South African family law case. Understand how spousal behaviour, abuse and infidelity impacts asset division and court judgments in matrimonial disputes.

25/01/2024

In a landmark ruling, Justice Phahlane has set a new standard in family law. In the case of B.M.G.S v M.B.S (2024), a mother was sentenced to 12 months for contempt of court, signifying a bold enforcement of legal orders in cases concerning children’s welfare. This pivotal decision underscores the critical importance of adhering to court directives, especially when the best interests of the child are at stake. It's a powerful reminder that the legal system is dedicated to protecting the rights of the most vulnerable. Join us in discussing the far-reaching implications of this groundbreaking ruling for family law in South Africa. .

Explore the insightful analysis of the B.M.G.S v M.B.S case by Justice Phahlane, focusing on the best interests of the child in family law. Discover how this landmark judgment emphasizes the enforcement of court orders and the pivotal role of parental rights and responsibilities in the South African...

08/11/2022

We launched the first ever application in SA, to be heard by 3 Judges for an order to award an unmarried woman interim maintenance, thereby extending the SA common law to assist women who are not married and who live with someone in a cohabitation relationship. Read at:

A landmark application was set down to be heard before three Judges in the Cape High Court on 28 November 2022. The Applicant will seek interim maintenance and a legal cost contribution against her partner for the provision of reasonable maintenance following the termination of their permanent oppos...

05/10/2022

In a case in the Gauteng High Court recently, the court ordered a forfeiture of assets. Read at:

In a recent case, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to adultery.

24/07/2022

https://familylaws.co.za/supreme-court-rules-you-can-claim-maintenance-for-children-older-than-18-years/

The Supreme court of appeal recently ruled that a parent of an adult dependent child do have locus standi in terms of section 6 of the Divorce Act 70 of 1970 to claim maintenance from other parent for and on behalf of adult dependent child of their marriage upon their divorce.

25/06/2022

In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5 million from his wife by setting up an offshore trust and repaying a loan to his father. The Supreme Court of Appeal ruled in favour on his wife’s behalf as said this seemed like strange timing. https://familylaws.co.za/hiding-assets-divorce

12/05/2022

https://businesstech.co.za/news/lifestyle/585980/new-court-ruling-has-massive-implications-for-marriage-and-divorce-in-south-africa/

The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country.

12/02/2022

https://familylaws.co.za/maintenance-orders-prescribe-after-30-years/

According to a recent judgment in the Supreme Court of Appeal, Acting Justice John Smith, ruled that a maintenance order is a “judgment debt” in terms of the Prescription Act and this means that a maintenance order will only “prescribe” 30 years after the order is made and not three years.

29/01/2022

https://familylaws.co.za/cohabitation/cohabitation-living-together/

Case law in South Africa has far reaching consequences for unmarried couples who live together in cohabitation.

24/12/2021

https://www.youtube.com/watch?v=P1uxj1eHrPE

We bring the story of a Cape Town mother who will be spending her weekends behind bars for the next 12 months. This, after a judge sentenced her to spend eve...

24/11/2021

Interesting case about a child relocation from South Africa to New Zealand. In the context of the child’s best interests, the applicant explained her motives to relocate as being potentially better schooling, tertiary education and employment opportunities for the child in NZ, the child’s general safety, the quality of life, free education and healthcare offered in New Zeeland and the high unemployment rate in South Africa. https://www.divorcelaws.co.za/relocation-child-south-africa-new-zealand.html