Article
Changing Your Marriage Regime After A Customary Marriage
Couples often make decisions about their marriage regime for sensible reasons.
Barnard Inc.
South Africa: Divorce
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.
Article
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.
Barnard Inc.
Article
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.
Adams & Adams
Article
A Billionaire's Guide To Protecting Your Company From Divorce Fallout
Divorce doesn't just divide people, it can divide empires. For South African's high nett worth individuals, business owners, and entrepreneurs, the end of a marriage can trigger a complex...
Barnard Inc.
Article
What Black Coffee's Divorce Teaches About Customary Marriages
Fairbridges Wertheim Becker
Article
Can A Husband Claim Maintenance?
Barnard Inc.
Article
The High-Stakes Divorce Playbook For Entrepreneurs
Barnard Inc.
Article
The Accrual System In Divorce
Barnard Inc.
Article
Breaking The Property Deadlock With 'Actio Communi Dividundo'
Barnard Inc.
Article
Parents Can Claim Maintenance For Adult Dependent Children
Barnard Inc.
Article
Trust Creation And Asset Concealment In South African Divorce Proceedings
Barnard Inc.
Article
The Who's Who In Divorces
Adams & Adams
Article
Recovering Long-Overdue Maintenance: Using Sections 26 & 28 Of The Maintenance Act
Barnard Inc.
Article
Don't Let Your Business Get Caught In The Crossfire
Barnard Inc.
Article
AFCON Eliminations: Celebrating African Football And Intellectual Property Development
Adams & Adams
Article
Location, Location, Compliance: Inside The FIC's Draft Directive 10
ENS
Article
The Consequences When Insured Parties Fail To Disclose The Truth
Barnard Inc.
Article
Save The Date – East African Community ("EAC") Merger Control Framework To Launch On 1 November 2025
ENS
Article
Can You Get Married If Home Affairs Still Reflects You As Married?
Barnard Inc.
Article
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.
Fasken
Article
Poetic Justice: Rhyme And Reason
"Contempt of Court is not a finding lightly made, nor is it any easier if twice displayed. Context is the thread, the core of this tale. The peculiar facts and Court orders required scrutiny for justice to prevail.
Fairbridges Wertheim Becker
Article
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.
Fairbridges Wertheim Becker
Article
Think Your Ex Has To Pay The School Fees? The Surprising Truth Every Divorced Parent Needs To Know!
When parents divorce, the settlement agreement often addresses how school fees are to be paid. However, despite those contractual arrangements, schools frequently encounter situations where the agreed-upon.
Barnard Inc.
Article
Untying The Co‑Ownership Knot
Fairbridges Wertheim Becker
Article
Varying An Interim Maintenance Order Under Rule 43: Key Principles And Practical Guidance
Barnard Inc.
Article
Supreme Court Clarifies Requirements For Asset Protection In Divorce Disputes
Fairbridges Wertheim Becker
Article
Can You Get A Divorce If You Don't Know Your Spouse's Whereabouts?
Barnard Inc.
Article
Divorce vs Separation In South Africa: What You Need To Know
Barnard Inc.
Article
Can The Court Approve Your Settlement Agreement Without The Family Advocate's Endorsement?
Barnard Inc.
Article
How Long-Term Marriages Influence Lifelong Maintenance
Barnard Inc.
Article
In The Midst Of The Kolisi Divorce
Adams & Adams
Article
Balancing Children's Best Interests In Acrimonious Court Battles
Barnard Inc.
Article
Understanding The Divorce Amendment Act, 2024: What It Means For Muslim Marriages
Barnard Inc.
Article
How Long-Term Marriages Influence Lifelong Maintenance
In the recent case of M.T v E.T (8197/2018) [2024] ZAGPJHC 578, the Gauteng Division of the High Court in Johannesburg examined the question of lifelong spousal maintenance after a 28-year marriage.
Barnard Inc.
Article
In The Midst Of The Kolisi Divorce
The world was informed of the Kolisi divorce via social media and shortly thereafter various memes, jokes, unsolicited opinions, recommendations, and the like followed.
Adams & Adams
Article
Balancing Children's Best Interests In Acrimonious Court Battles
On 02 August 2024, the High Court of the Western Cape of South Africa delivered a significant judgment involving disputes related to minor children.
Barnard Inc.
Article
Understanding The Divorce Amendment Act, 2024: What It Means For Muslim Marriages
The Divorce Amendment Act, 2024, is a significant piece of legislation in South Africa that brings much-needed clarity and protection to Muslim marriages. This amendment integrates specific...
Barnard Inc.
Article
Understanding Customary Marriage In South African Law
Barnard Inc.
Article
Constitutional Court Reforms Divorce Act
On 10 October 2023, the Constitutional Court of South Africa delivered groundbreaking judgments in two separate but interconnected cases, both challenging the constitutionality of Section...
Barnard Inc.
Article
Constitutional Court Changes The Divorce Act
On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the constitution...
Adams & Adams
Article
The Roles, Functions And Benefits Of The Family Advocate
The role of the Family Advocate is to take the best interests of the minor children/child into consideration and to promote these interests in order to make a decision regarding their care, contact...
Barnard Inc.
Article
Another Win For Women
The legislature continues to play catchup in Family Law to ensure that the law is aligned with the Constitution and the goals which South Africa wishes to receive as a democracy, including equality.
Adams & Adams
Article
Courts Should Only Adjudicate On Issues Raised In The Pleadings Or During Trial
ENS
Article
A Landmark Verdict: Constitutional Court Affirms Unconstitutionality For Section 4 Of The Mediation In Certain Divorce Matters Act
Barnard Inc.
Article
A New Hope For Immigration And Same-Sex Marriage In Namibia
ENS
Article
South Africa's Family Law Has Entered A New Era Following A Momentous Judgment On The Forfeiture Of Patrimonial Benefits
Barnard Inc.
Article
What Is Forfeiture Of Assets In A Divorce?
Adams & Adams
Article
Court Denies Father's Application For Children To Return To USA
Barnard Inc.
Article
Can A Parent Claim Maintenance For An Adult Dependent Child
Adams & Adams
Article
Constitutional Court Ruling On Muslim Marriages
SchoemanLaw Inc.
Article
Legal Documents Required For Marriage
SchoemanLaw Inc.
Article
South African Court: A Parent's Duty To Support Children Does Not Stop When They Become Adults
ENS
Article
SA ConCourt Recognition Of Muslim Marriage A Victory For Women And Children's Rights
ENS
Article
Maintenance For Major Dependent Children – A Recent Case Law
Barnard Inc.
Article
Concerns Regarding Child Maintenance In Divorce And Post-divorce Proceedings
Barnard Inc.
Article
Legal Masterclass: Navigating The Minefield Of Divorce
SchoemanLaw Inc.
Article
Next Steps Following The High Court Divorce Act Judgment
Barnard Inc.
See more
Women Married Under Customary Law Finally Have Equal Rights During Divorce (Video)
Adams & Adams
Spousal Maintenance After Divorce In Zimbabwe (Video)
Zenas Chambers, ChimwaMurombe Legal Practice