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.

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

On 7 June 2024, the Pretoria High Court handed down a judgment in the case of LL v AM and Others. The court dismissed an exception raised by the executors of a deceased estate ("the Defendants")...

South Africa Family

F

Fasken

Are Muslim Marriages Recognised In Terms Of South African Law?

Are you unsure of the patrimonial consequences (financial and property-related effects of a legal event) of your imminent or current Muslim marriage?

South Africa Family

FW

Fairbridges Wertheim Becker

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.

South Africa Family

F

Fasken

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.

South Africa Family

FW

Fairbridges Wertheim Becker

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

Think Your Ex Has To Pay The School Fees? The Surprising Truth Every Divorced Parent Needs To Know!

South Africa Family

BI

Barnard Inc.

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.

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

South Africa Family

FW

Fairbridges Wertheim Becker

What Is The Difference Between A Parenting Plan And A Parental Responsibilities & Rights Agreement?

South Africa Family

BI

Barnard Inc.

Supreme Court Clarifies Requirements For Asset Protection In Divorce Disputes

South Africa Family

FW

Fairbridges Wertheim Becker

Can You Get A Divorce If You Don't Know Your Spouse's Whereabouts?

South Africa Family

BI

Barnard Inc.

How To Obtain A Protection Order Against A Spouse In South Africa

South Africa Family

BI

Barnard Inc.

Sustainability At The Forefront At SONA 2025

South Africa Energy

SG

SNG Grant Thornton

#SABudget2025: Is There Still A Chance Of The VAT Rate Being Reconsidered?

South Africa Tax

E

ENS

Breaking Barriers: High Court Declares SRD Grant Rules Unconstitutional

South Africa Litigation

F

Fasken

Capital Markets Comparative Guide

South Africa Commercial

FS

Fasken South Africa

Africa Tax In Brief

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ENS

Related Country Guides

Family Law

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

On 7 June 2024, the Pretoria High Court handed down a judgment in the case of LL v AM and Others. The court dismissed an exception raised by the executors of a deceased estate ("the Defendants")...

South Africa Family

F

Fasken

Are Muslim Marriages Recognised In Terms Of South African Law?

Are you unsure of the patrimonial consequences (financial and property-related effects of a legal event) of your imminent or current Muslim marriage?

South Africa Family

FW

Fairbridges Wertheim Becker

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.

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.

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

South Africa Family

FW

Fairbridges Wertheim Becker

What Is The Difference Between A Parenting Plan And A Parental Responsibilities & Rights Agreement?

South Africa Family

BI

Barnard Inc.

See more

Divorce

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.

South Africa Family

F

Fasken

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.

South Africa Family

FW

Fairbridges Wertheim Becker

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

Think Your Ex Has To Pay The School Fees? The Surprising Truth Every Divorced Parent Needs To Know!

South Africa Family

BI

Barnard Inc.

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.

Supreme Court Clarifies Requirements For Asset Protection In Divorce Disputes

South Africa Family

FW

Fairbridges Wertheim Becker

Can You Get A Divorce If You Don't Know Your Spouse's Whereabouts?

South Africa Family

BI

Barnard Inc.

Divorce vs Separation In South Africa: What You Need To Know

South Africa Family

BI

Barnard Inc.

See more

Wills/ Intestacy/ Estate Planning

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

On 7 June 2024, the Pretoria High Court handed down a judgment in the case of LL v AM and Others. The court dismissed an exception raised by the executors of a deceased estate ("the Defendants")...

South Africa Family

F

Fasken

Transferring Immovable Property From A Deceased Estate: Understanding The Process

When the registered owner of immovable property dies, the property forms part of their deceased estate. Consequently, no dealings can occur until the relevant...

South Africa Real Estate

FW

Fairbridges Wertheim Becker

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

Untying The Co‑Ownership Knot

South Africa Family

FW

Fairbridges Wertheim Becker

Balancing Dependant Rights And Testamentary Wishes

South Africa Family

BI

Barnard Inc.

Securing Your Digital Legacy: The Importance Of Digital Estate Planning

South Africa Family

E

ENS

Fiduciary Law In 2024: Essential Wills Guidance For Business Owners

South Africa Family

BI

Barnard Inc.

Thy Will Not Be Done?

South Africa Family

BI

Barnard Inc.

The Price Of Oversight: The Importance Of Citing Interested Parties

South Africa Litigation

E

ENS

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