DIVORCE ARTICLES
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SCA Judgment on Arbitration Clause in Divorce Settlement: VJ v VJ and Another
Introduction The Supreme Court of Appeal (SCA) recently delivered a significant judgment in the case of VJ v VJ and Another (258/2023) [2024] ZASCA 92.
An Amendment to Section 7(3)(a) of the Divorce Act for Spouses Married Out of Community of Property
Constitutional Court Ruling on Asset Redistribution in Accrual Regime Marriages In this article, we discuss the Constitutional Court ruling in the case of EB (born
Wills Act and Divorce: Bequest Revocation Explained
A Last Will allows an individual to dictate how their estate should be distributed upon their passing. In South Africa, the Wills Act No. 7
Court awards full parental responsibilities to mother in parental alienation syndrome case
TLD v BG [2023] ZAGPJHC 801 Summary This is a case about an 8-year-old boy whose parents were never married. The court appointed a psychologist
Courts Must Adjudicate Based on Pleadings and Trial Issues
In the Mashola case (22/2022), the Supreme Court of Appeal (SCA) had to determine whether a partial forfeiture order should be imposed on the husband’s
Constitutional Court Declares Section 4 of Mediation in Certain Divorce Matters Act 24 of 1987 Unconstitutional
In a recent court case known as Centre for Child Law v TS [2023] ZACC 22, the Constitutional Court examined the issue of whether section
Frequently asked questions about divorces in South Africa
Q: WHAT IS A DIVORCE IN SOUTH AFRICA? A: A divorce in South Africa refers to the legal dissolution of a marriage by
Does the obligation to continue paying spousal maintenance persist when an ex-spouse starts cohabitating with a new partner?
By Sasha Kadish Spousal maintenance refers to the financial support provided by one spouse to the other following a divorce to enable the financially disadvantaged
Remedies when a party dissipates assets pending a divorce.
By Sasha Kadish What is an accrual calculation in a divorce? An accrual calculation refers to the process of determining a monetary claim made by
The divorce process in South Africa
By Sasha Kadish The divorce process in South Africa can be a complex and lengthy legal procedure. However, with the right guidance and expertise, it
Father’s rights if he is not reflected as the father on a child’s birth certificate.
A client asked: I am the father of a child born out of wedlock. The mother did not reflect me as the father on the
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