South Africa: Family Law

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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.

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.

South Africa Family

AA

Adams & Adams

Including Grandparents And Extended Family On Co-Parenting Arrangements

When families separate, parenting arrangements often focus on the two parents. In the process, children may lose regular contact not only with one parent but also with their extended family.

South Africa Family

BI

Barnard Inc.

Handling Parenting Disagreements

Disagreements between parents about how to raise their children are common, whether relating to schooling, medical treatment, discipline, or general day-to-day decisions.

South Africa Family

BI

Barnard Inc.

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...

South Africa Family

BI

Barnard Inc.

What Is An Antenuptial Agreement In South Africa

South Africa Family

BI

Barnard Inc.

Types Of Marriage Contracts Available In South Africa

South Africa Family

BI

Barnard Inc.

What Black Coffee's Divorce Teaches About Customary Marriages

South Africa Family

FW

Fairbridges Wertheim Becker

Validation Of Customary Law Marriage Requires More Than A Copy Of Identity Document

South Africa Family

E

ENS

New Marriage Bill: Changes To South Africa's Fragmented Marriage Legislation

South Africa Family

F

Fasken

Can A Husband Claim Maintenance?

South Africa Family

BI

Barnard Inc.

The High-Stakes Divorce Playbook For Entrepreneurs

South Africa Family

BI

Barnard Inc.

The Accrual System In Divorce

South Africa Family

BI

Barnard Inc.

Forfeiture Of Accrual

South Africa Family

BI

Barnard Inc.

Breaking The Property Deadlock With 'Actio Communi Dividundo'

South Africa Family

BI

Barnard Inc.

SARB Introduces New Exchange Control Tax Compliance Requirements For Dividend Remittances To Non-residents

South Africa Tax

WW

Webber Wentzel

King V: Governance Updates For South African Organisations

South Africa Commercial

E

ENS

The Guiding Principles Of AI Usage In The Legal Profession: A Holistic Overview

South Africa Technology

E

ENS

The BBC Scandal: Mismanagement Of Manipulation In The Workplace

South Africa Employment

E

ENS

Strava vs. Garmin: Branding, Patents And The Battle For Data Attribution

South Africa IP

E

ENS

Parents Can Claim Maintenance For Adult Dependent Children

Many divorcing or separated parents assume that the duty to pay maintenance ends once a child turns 18. That belief was decisively corrected by the Supreme Court of Appeal in Z v Z 2022 (5) SA 451 (SCA) (21 July 2022),

South Africa Family

BI

Barnard Inc.

Can A Maintenance Subpoena Be Challenged?

Section 28(2) of the Constitution of the Republic of South Africa, 1996, read with section 9 of the Children's Act 38 of 2005, provides that the child's best interests are of paramount importance...

South Africa Family

BI

Barnard Inc.

Trust Creation And Asset Concealment In South African Divorce Proceedings

South African courts have long recognised that Trusts can be misused to shield marital assets during divorce proceedings. Although a properly administered Trust is a separate legal entity...

South Africa Family

BI

Barnard Inc.

The Who's Who In Divorces

The legal jargon used by legal practitioners is often confusing, used out of context or simply not understood. With the increasing number of marriages that end in divorce...

South Africa Family

AA

Adams & Adams

Parental Alienation And The Child's Best Interests

South Africa Family

BI

Barnard Inc.

Recovering Long-Overdue Maintenance: Using Sections 26 & 28 Of The Maintenance Act

South Africa Family

BI

Barnard Inc.

Don't Let Your Business Get Caught In The Crossfire

South Africa Family

BI

Barnard Inc.

Must A Surviving Parent Prove Their Financial Means To Claim Maintenance From A Deceased Estate?

South Africa Family

F

Fasken

Are Muslim Marriages Recognised In Terms Of South African Law?

South Africa Family

FW

Fairbridges Wertheim Becker

HC v CC: Another Step To Achieve Gender Equity In Divorce Matters

South Africa Family

F

Fasken

Divorce And Wills: The 3-Month Countdown You Cannot Ignore

South Africa Family

FW

Fairbridges Wertheim Becker

Getting Married In South Africa? 5 Crucial Legal Aspects To Know Before Saying 'I Do'

South Africa Family

FW

Fairbridges Wertheim Becker

Untying The Co‑Ownership Knot

South Africa Family

FW

Fairbridges Wertheim Becker

Varying An Interim Maintenance Order Under Rule 43: Key Principles And Practical Guidance

South Africa Family

BI

Barnard Inc.

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.

South Africa Family

FW

Fairbridges Wertheim Becker

Getting Married In South Africa? 5 Crucial Legal Aspects To Know Before Saying 'I Do'

Marriage isn't just about romance and vows; it's a binding legal contract with important consequences.

South Africa Family

FW

Fairbridges Wertheim Becker

Untying The Co‑Ownership Knot

When two or more people acquire ownership of the same property, they each hold an undivided share in that property.

South Africa Family

FW

Fairbridges Wertheim Becker

Varying An Interim Maintenance Order Under Rule 43: Key Principles And Practical Guidance

In divorce proceedings, Rule 43 of the Uniform Rules of Court provides a mechanism for interim relief relating to maintenance, contribution to costs...

South Africa Family

BI

Barnard Inc.

Podcast: What Rights Does Your Ex Have To Your Pension?

South Africa Family

FW

Fairbridges Wertheim Becker

Think You Can Skip Maintenance? Think Again!

If you've ever found yourself on the receiving end of unpaid maintenance – or you know someone who is – there's good news...

South Africa Family

BI

Barnard Inc.

Thinking Of Changing The Locks On Your Spouse? Read This First!

Before you reach for that key or call the locksmith, pause and think again. Even if a property is registered in your name alone, preventing your spouse from entering could have serious...

South Africa Family

BI

Barnard Inc.

Can The Court Approve Your Settlement Agreement Without The Family Advocate's Endorsement?

When divorcing couples with minor children reach a settlement agreement, it is typically sent to the Family Advocate's office for review and endorsement.

South Africa Family

BI

Barnard Inc.

Recognition Of Customary Marriages Act

GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES...

South Africa Family

AA

Adams & Adams

How Long-Term Marriages Influence Lifelong Maintenance

South Africa Family

BI

Barnard Inc.

In The Midst Of The Kolisi Divorce

South Africa Family

AA

Adams & Adams

Understanding The Termination And Acquisition Of Parental Rights And Responsibilities In South Africa

South Africa Family

BI

Barnard Inc.

Balancing Children's Best Interests In Acrimonious Court Battles

South Africa Family

BI

Barnard Inc.

Can I Withhold Maintenance If I'm Denied Contact With My Child? Understanding Your Rights And Remedies

South Africa Family

BI

Barnard Inc.

Yes, We Are! No, We're Not! Customary Marriages Under The Spotlight

South Africa Family

BI

Barnard Inc.

Saying "I DO" With Legal Certainty

South Africa Family

AA

Adams & Adams

Understanding The Divorce Amendment Act, 2024: What It Means For Muslim Marriages

South Africa Family

BI

Barnard Inc.

Understanding Customary Marriage In South African Law

South Africa Family

BI

Barnard Inc.

Johannesburg High Court Affirms Its Duty To Protect The Best Interests Of A Minor Child

South Africa Family

E

ENS

Another Win For Women And Children

South Africa Family

AA

Adams & Adams

Customary Law In South Africa: Are You Really Married?

South Africa Family

BI

Barnard Inc.

Shared Lives, Separate Laws: Understanding Cohabitation Without An Agreement

South Africa Family

BI

Barnard Inc.

Radio Interview: How Is The Amount For Child Maintenance Calculated? Part 2 (Podcast)

South Africa Family

BI

Barnard Inc.

Private Law In 2024: Family Law And Personal Rights

South Africa Family

BI

Barnard Inc.

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Latest Videos

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Adoption Process In Nigeria By Olisa Agbakoba Legal OAL (Video)

OA

Olisa Agbakoba Legal (OAL)

Women Married Under Customary Law Finally Have Equal Rights During Divorce (Video)

AA

Adams & Adams

Spousal Maintenance After Divorce In Zimbabwe (Video)

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

Let's Talk E28: Parenting Plans 101 (Video)

SI

SchoemanLaw Inc.

Family Law – A Growing Practice Area (Video Content)

T

TripleOKLaw

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