DIVORCE ARTICLES
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
Navigating Divorce in South Africa: A Comprehensive Guide to the Process. Divorce in South Africa can be a complex and emotionally challenging process. However, with
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
Get the Support You Need During Your Divorce.
Get the Support You Need During Your Divorce. Our friendly and affordable specialist divorce lawyers provide the right guidance and support during difficult times. When
What’s in a surname?
Change of surname on marriage A usual consequence of marriage is that the wife adopts the husband’s surname, together with the designation “Mrs”. She could
Can a court pierce the veil of a trust when calculating the accrual after a divorce?
In the case of MJK v IIK [2022] ZASCA 116, the wifesuedfor divorce. She sought an order declaring that the assets of three trusts and a CC
The consequences of not obeying a court order in respect of contact with minor children
By Sasha Goldstein, attorney at Bregman Moodley Attorneys In a recent judgment, the judge had to make a ruling on an application brought by an