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Legal Articles and Guides

Spousal recognition debate in court

By Juta and Company (Pty) Ltd Published on Monday, 13 July 2020
Tags: #Civil Rights #Marriage and Divorce Law
SA law currently does not allow women living with a man to claim ‘spousal’ recognition from their deceased partners’ estates.

Muslim marriages not singled out, argues state

By Juta and Company (Pty) Ltd Published on Thursday, 09 July 2020
Tags: #Litigation #Marriage and Divorce Law
Objections that the state received from Muslim groups – some of whom accused legislators of attempting to interpret the Koran – made it difficult to enact laws recognising Muslim marriages.

Widow's customary marriage ruled valid

By Juta and Company (Pty) Ltd Published on Tuesday, 30 June 2020
Tags: #Family Law #Litigation #Marriage and Divorce Law
Fezile Mlamla – whose in-laws contested the legitimacy of her customary marriage to their son after his death – has had her marriage retrospectively confirmed as legal.

SCA closes financial loophole in divorce cases

By Juta and Company (Pty) Ltd Published on Tuesday, 12 May 2020
Tags: #Litigation #Marriage and Divorce Law
A legal loophole often used by husbands to reduce the amount their wives receive in a divorce settlement has been closed by the SCA.

Widow's customary marriage victory in SCA

Lerato Sengadi has dedicated her SCA victory to the millions of black women ‘who couldn't fight back’, says a TimesLIVE report.

Judge rules wife can stay on pending divorce

By Juta and Company (Pty) Ltd Published on Friday, 17 April 2020
Tags: #Litigation #Marriage and Divorce Law
Details of the breakdown of a couple’s 11-year marriage have emerged in a Western Cape High Court judgment which prevents the husband selling the Garden Route house or evicting his estranged wife, notes a Times Select report.

Beware the “Common Law Marriage” Myth

By Ashersons Attorneys Published on Wednesday, 01 April 2020
Tags: #Civil Rights #Marriage and Divorce Law
If you live as a couple, avoid the trap of believing the myth of the “common law marriage”. It’s a very persistent myth, possibly because some other countries do indeed give formal recognition to certain forms of life partnership.

Ruling sets disclosure standard for maintenance courts

By Juta and Company (Pty) Ltd Published on Tuesday, 18 June 2019
Tags: #Family Law #Litigation #Marriage and Divorce Law
A three-judge Bench of the Gauteng High Court (Johannesburg) has pronounced on the level of disclosure required by those appearing in a maintenance court, reports Tony Beamish for Moneyweb. Both parties must now make full financial disclosure: every detail, including trusts and offshore assets, as well an explanation if a spouse enjoys a particularly luxurious lifestyle.

FW to be sued for grandchildren's maintenance

By Juta and Company (Pty) Ltd Published on Monday, 04 March 2019
Tags: #Family Law #Marriage and Divorce Law
Former President FW de Klerk is again set to be dragged into a long-running financial feud between his son Willem and Willem’s ex-wife, says a Sunday Times report. After struggling for years to get Willem to pay maintenance, Nicole Noordien is, for the second time, approaching his father, claiming that as her children’s grandfather he has a responsibility to step in if his son cannot afford maintenance.

Cheating husband loses patrimonial benefits

By Juta and Company (Pty) Ltd Published on Tuesday, 19 February 2019
Tags: #Family Law #Litigation #Marriage and Divorce Law
A cheating Pretoria tavern owner was affronted that his ex-wife refused him conjugal rights for two years ... but when he went to court to try to get half the value of her house and pension in their divorce he received his just deserts.

Exemptions to solemnising same-sex marriages debated

By Juta and Company (Pty) Ltd Published on Wednesday, 14 November 2018
Tags: #Civil Rights #Constitutional Law #Marriage and Divorce Law
The Department of Home Affairs wants marriage officers who are appointed after the Civil Union Act is amended to be aware they will have to solemnise same-sex marriages. The Mercury reports this emerged yesterday when state lawyers made a presentation to the National Assembly Home Affairs Committee on the Civil Union Amendment Bill.

When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates

By Ashersons Attorneys Published on Wednesday, 31 October 2018
Tags: #Insolvency Law #Litigation #Marriage and Divorce Law
If you are owed maintenance you have a variety of enforcement options open to you and should ask your lawyer for advice on which is the best for your particular claim and circumstances.

State set to appeal Muslim marriage ruling

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Civil Rights #Marriage and Divorce Law #Family Law #Litigation
The government will research the law governing the recognition and dissolution of all religious marriages, as it plans to appeal a Western Cape High Court judgment that ordered the state to recognise Muslim marriages under law. According to a Cape Times report, the Women’s Legal Centre (WLC) had argued that by not recognising Muslim marriages under common law, Muslim women were not afforded legal protection and did not have access to the courts to assert their rights.

Businessman jailed for failing to pay maintenance

By Juta and Company (Pty) Ltd Published on Wednesday, 01 August 2018
Tags: #Marriage and Divorce Law #Family Law #Litigation
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.

Things you should do post-divorce

By Esmeraldo and Associates Published on Tuesday, 03 July 2018
Tags: #Marriage and Divorce Law
Divorce carries major revolution to nearly every feature of your life, including your financial permanency and future goals. Without a reservation, your life will be changed. But adjusting to and even tolerate the changes will aid you to get back on your feet earlier and more effectively.

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