Legal Articles and Guides
SA law currently does not allow women living with a man to claim ‘spousal’ recognition from their deceased partners’ estates.
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.
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.
A legal loophole often used by husbands to reduce the amount their wives receive in a divorce settlement has been closed by the SCA.
Lerato Sengadi has dedicated her SCA victory to the millions of black women ‘who couldn't fight back’, says a TimesLIVE report.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.