Legal Articles and Guides
Do you need advice regarding your maintenance, child support, access to your child or anything else within the broad category of Family Law? If so, ask a qualified Lawyer to assist you with your question today?
Lawyers for Human Rights (LHR) and the University of Pretoria’s Centre for Child Law (CCL) are appealing against a ruling that helped pave the way to have all children’s births in SA registered. Several groups called on government to change the rules about birth registration after a ruling by the Eastern Cape High Court (Grahamstown) that some of the rules that impacted single fathers and couples‚ where either one or both were foreigners‚ were unconstitutional.
Legal experts said the jail sentence issued to a businessman for failing to pay spousal and child maintenance, was one of the toughest awarded for criminal contravention of the Maintenance Act. The Durban businessman this week began serving an effective four and half years' prison sentence after being criminally convicted of failing to pay spousal and child maintenance, says TimesLIVE.
Grahamstown father Mzileni Naki has won what The Herald reports is a landmark legal victory after a judge ruled that a law barring him from registering the birth of his child was unconstitutional. Liesl Muller, of Lawyers for Human Rights, said the judgment was highly significant as it removed clear gender discrimination from Home Affairs regulations. Lawyers for Human Rights have handled 780 similar cases since January last year.
When we were little we were taught that “sticks and stones can break my bones, but words cannot harm me”. In reality, words and actions do harm a person, whether directly or indirectly. I have been reading articles lately and came across many stories where bulling and harassment has been so bad, that victims resort to suicide. The world is cruel, and if no one makes a stand, nothing will change.
Our names are important to us, not only in a deeply personal sense but also in a multiplicity of practical and legal situations. So think carefully about what surname you want to use if as a woman you are getting married or divorced, or are widowed. The choice itself is by law your own personal one to make, but we’ll have a look at what exactly those choices are, at the practicalities involved, and at how this all affects men.
A woman who dreamed of being a single mother asked her ex-boyfriend to impregnate her – and got more than she bargained for, says a Times Select report. As well as a son (3), KZN High Court (Durban) Judge Piet Koen told her the boy’s father must have extensive co-parenting rights which include custody every alternate weekend and at least four hours of father-son time on birthdays.
A case in the Free State High Court will test whether enticement is still a ground to claim damages in SA law. Rapport notes that Bloemfontein businesswoman Lizette van Schalkwyk (49) is claiming damages of R1.5m from Christie-Ann Roberts (25) for allegedly enticing her husband, Willem (49), into an affair.
Marriages performed under the Recognition of Customary Marriages Act are recognised as legal and may only be dissolved by a court through a divorce. The Star reports this was the opinion of attorney Selwyn Shapiro, who said since the Act came into force and these marriages were now recognised in law, it followed that the union had to be dissolved through divorce.
A woman who claims she had to give up her car and job to become the good housewife her now estranged common-law husband wanted, is claiming R63 100 a month in maintenance from him. According to a report on the IoL site, the woman, from Midrand, said during their union of about two years she worked her fingers to the bone in the house, during which time he gave her an allowance.
A senior advocate (79), ordered to pay his wife R11.1m after a six-year divorce battle, has had the amount reduced to R4.4m on appeal, says a TimesLIVE report. SCA Judges Stevan Majiedt and Owen Rogers said the advocate was argumentative‚ arrogant‚ obdurate‚ mendacious‚ evasive and tendentious.
Many couples are not making their 10th wedding anniversary – and it’s mostly wives who are calling time on their relationships. Black families in particular are fracturing‚ as divorces climb.
As more and more South Africans opt to live together without formally marrying (or entering into a civil union or recognised customary marriage), the need to bust the myth of the “common law marriage” becomes more acute.
Our law, in protecting the interests of children in particular, provides you with an array of options when it comes to enforcing payment of maintenance orders. One of them is to ask the court to jail the defaulter for “contempt of court”.
In a landmark case, a businessman has been convicted of failing to pay more than R1m in spousal and child maintenance from August 2012 – when the couple divorced – to May 2016 when his ex-wife laid charges against him, notes a Sunday Times report.
Briton James Tomlinson, a permanent resident in SA, and his wife, Sarah Nandutu, a Ugandan citizen, have won – and lost – in their Western Cape High Court Home battle with Home Affairs Minister Malusi Gigaba. While their son, Joshua, will finally have the birth certificate they needed, they failed to convince the court to amend immigration regulations that have prevented them from living as a family.