Can maintenance be claimed on behalf of adult dependent children?
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]
Contractual consequences of breaking off an engagement
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If […]
Registered antenuptial contracts vs agreements between spouses
The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries Act 47 of 1937. The public is not always aware of the fact that a verbal or written contract can be binding inter partes (between the parties) because an […]
Navigating gray divorce: A guide to a painless process for seniors
As we age, life brings new challenges and changes. One such challenge which is increasing worldwide for many senior citizens over 50 years old is divorce, often referred to as “gray divorce.” Navigating divorce is always difficult, but the challenges are especially daunting in later stages of life when ending a lifelong partnership. If you […]
Legalities and emotions when your clients are selling due to divorce
This article was featured on Property Professional. Read more Dealing with clients going through a divorce can involve many unexpected twists and turns, from both a legal and emotional perspective. It can be a minefield for property practitioners to navigate as they will have no idea of the triggers that may escalate into major disputes […]
How to proceed with divorce when your spouse cannot be found
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally delivered to the person it concerns unless the court allows a different service. But what if the sheriff can’t deliver the documents because the person has disappeared or moved abroad? This article will explain alternative […]
Customary union declared valid in wives’ dispute
The weight that customary marriages carry was highlighted once again during a legal wrangle between two widows. Both “wives” claimed that they were legally married to their now-deceased husband. The first wife stated that she married her husband in 1991 in terms of customary law. The second wife stated that she was the “true wife” […]
Why should I pay maintenance if I am not allowed to see my child?
Upon the birth of a child, both parents automatically have a duty to support that child. The fact that the child is born to married or unmarried parents is irrelevant. The duty is apportioned between the parents according to their respective means. S 15(1) of the Maintenance Act states that a court order for the […]
Divorce – Accrual – Living annuities an asset in the estate
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is […]
Co-parenting during the lockdown: Can I see my children?
On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020. On 30 March 2020, Social Services Minister Lindiwe Zulu issued Directions in terms of Regulation 10(5) of the Regulations made under Section 27(2) of the Disaster Management Act 57 of 2002: […]
