Family Law & Divorces - EEinc Attorneys

26/05/2026

https://iol.co.za/news/crime-and-courts/2026-05-26-no-more-financial-shields-constitutional-court-hears-challenge-to-divorce-acts-pension-exclusion/

The Constitutional Court's upcoming decision on the Divorce Act's pension provisions could reshape financial settlements in divorce cases, challenging long-standing exclusions that affect countless couples.

22/05/2026

Have a blessed Friday and nice weekend ahead.

14/05/2026

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Mind Matters Law

For estate agents who value certainty.

Work with attorneys who understand local processes.

Malelane | Komatipoort | Nelspruit
📞 013 790 0898 / 076 440 6039
✉️ [email protected]

12/05/2026

Registration of Customary Marriages

If you are married by customary law and have not registered the marriage in the 3 months following the marriage formalities (lobola), do so now to ensure legal compliance, to set the records right, and to simplify the future administration of the estate.

If a customary marriage is not registered in South Africa, it doesn't necessarily invalidate the marriage, but it can create legal complications. The Recognition of Customary Marriages Act requires registration within three months of marriage, but failing to register doesn't nullify the marriage.

Implications of Non-Registration:
- Property Rights and Inheritance: Unregistered customary marriages may lead to difficulties in asserting property rights or inheritance claims ¹.
- Social Benefits: Proof of marital status might be required for social benefits, which could be challenging without registration ¹.
- Legal Recognition: Unregistered marriages may not be immediately recognized by the legal system, affecting spousal support, child custody, and joint assets ¹.

Why Register a Customary Marriage?
Registration simplifies legal processes and ensures protection under the law. It provides a clear record, valuable for administrative and legal matters.

Proving a Customary Marriage:
To prove a customary marriage, couples can provide evidence like:
- Lobola Letter: Minutes of negotiations
- Photographic Evidence: Pictures or videos of the wedding celebration

Grounds for Divorce:
An unregistered customary marriage can only be dissolved through a court-ordered divorce or the death of a spouse. Grounds for divorce include:
- Irretrievable breakdown of the marriage
- Incompatibility as husband and wife
- Lack of meaningful communication
- No reasonable prospect of reconciliation

Antenuptial agreements (Marriages out of community of property):
- If you have not finalised the marriage consider signing an antenuptial agreement to be married out of property (either with or without the accrual). Consult with an attorney who is also admitted as a notary before the marriage.

Couples in unregistered customary marriages may need to seek legal advice to protect their rights and interests. Consult a lawyer.

[email protected]

12/05/2026

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06/05/2026

ROOTED IN NKOMAZI. AVAILABLE IN NELSPRUIT.

Attorneys | Notaries | Conveyancers

Serving Nkomazi with over two decades of trusted legal experience.
Consultations available in Nelspruit, Malelane & Komatipoort (by appointment in Nelspruit, 3 days per week).

We assist with:
• Property Transfers
• Divorces & Divorce Mediation
• Correspondent Attorney Work
• Municipal & Planning Engagement
• Notarial Services & Wills

We work closely with estate agents, agencies and law firms requiring reliable local representation and efficient ex*****on.

Professional. Independent. Efficient.
Your local legal partner.

📍 Malelane | Komatipoort | Nelspruit
📧 [email protected]

📞 013 790 0898 / 076 440 6039

08/04/2026

Let's Take the first step toward a Legal Resolution.
Need legal advise or defense? We offer professional assistance in:
​🔹 Financial Legalities.
🔹 Rescission of Judgments
🔹 Buying or Selling Property
🔹 Notary
🔹 Antenuptial Contracts
🔹 Criminal matters: Bail Applications.
🔹 Civil matters including but not limited to Divorces & RAF Claims.

02/04/2026

As Divorce proceedings unfold.
The High Court found that there was insufficient evidence to require the ex-wife to pay child support to her ex-husband's child, who was born outside of the marriage relationship between the parties.

THE South High Court in Johannesburg has ruled against a husband's urgent application for child maintenance and shared control of rental income from his estranged wife's property, citing legal limitations and lack of evidence

01/04/2026

Mind Matters Law

01/04/2026

Court rules in favor of Bank to repossess a vehicle after consumer defaults payment.
Banks win big as courts back vehicle finance contracts

Courts are backing lenders in many cases of default, but stepping in where fairness and consumer protection laws are breached.