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Marriage and Divorce Law

Would you like a qualified Lawyer to assist you with your Divorce Law question today? Do you need advice regarding your divorce, maintenance, child support, access to your child, interim maintenance pending a divorce, or any other Family Law concern? Would you like a qualified Lawyer to assist you with your Divorce Law question today?

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.

Marriage discrimination case before ConCourt

By Juta and Company (Pty) Ltd Published on Monday, 29 January 2018
Tags: #Marriage and Divorce Law #Family Law #Litigation
Heads of argument filed with the Constitutional Court by Legal Aid SA Advocates Lilla Crouse and Chris Schuring, representing an unemployed mother (47) of two adult children, who is also the ex-wife of a Deputy Minister, say her case highlights the discrimination against women who live in a patriarchal community in the former Transkei.

Child Support is an obligation not a choice!

By Esmeraldo and Associates Published on Thursday, 21 December 2017
Tags: #Marriage and Divorce Law #Family Law
Children are a blessing and before they are even born, your primal apprehension is to safeguard your child and provide them the very paramount of what life can offer. As soon as it comes to our children love is transparent and imminent.

DOMESTIC VIOLENCE: DO NOT PLAY THE ABUSERS GAME. PLAY YOURS

By Esmeraldo and Associates Published on Thursday, 21 December 2017
Tags: #Criminal Law #Marriage and Divorce Law #Family Law
The Domestic Violence Act, 1998 places a robust prominence on the extermination of violence. Domestic violence effects destructively on the day-to-day lives of the sufferers. Families that are beleaguered by Domestic Violence are prohibited from realising their bursting potential. Every person has the right to grow as a human being and be treated with respect. Domestic violence is frequently assumed to only comprise corporeal viciousness, but the actions and results that make up domestic violence differ in nature and regularity. This Act applies to violence that takes place in a domestic relationship.

Landmark divorce case heads to ConCourt

By Juta and Company (Pty) Ltd Published on Thursday, 16 November 2017
Tags: #Constitutional Law #Marriage and Divorce Law #Family Law #Litigation
A Deputy Minister is embroiled in a divorce battle with his ex-wife in a case that could set a precedent for women in the Eastern Cape, says a report in The Star. The unemployed mother has revealed in an affidavit filed in the Constitutional Court that her husband disregarded her as an equal and reduced her to an inferior being. ‘He set the (bad) example of how men should treat women in the area of the former Transkei,’ stated the ex-wife’s affidavit.

Maintenance offender gets short shrift

By Juta and Company (Pty) Ltd Published on Thursday, 09 November 2017
Tags: #Constitutional Law #Marriage and Divorce Law #Litigation
For the second time‚ the Constitutional Court was unable to hear an appeal by a father whose house is to be attached – by order of the High Court – to satisfy a debt for failing to pay maintenance for his child, notes a TimesLIVE report. The court did not hear the merits of his appeal because he had failed to comply with an order passed by the court when it was due to hear the matter in August.

Fight over Muslim Marriages Bill begins

By Juta and Company (Pty) Ltd Published on Tuesday, 29 August 2017
Tags: #Marriage and Divorce Law #Family Law #Litigation
Arguments to have the Muslim Marriages Bill made law finally started in the Western Cape High Court yesterday. A Cape Times report says the Women’s Legal Centre (WLC) has brought President Jacob Zuma, Parliament, the departments of Home Affairs, Justice and Correctional Services to court to have Muslim marriages recognised with the passing of the Bill. The WLC is arguing that by not recognising Muslim marriages under common law, Muslim women are not afforded legal protection and do not have access to the courts to assert their rights.

Customary marriage issue before top court today

By Juta and Company (Pty) Ltd Published on Tuesday, 16 May 2017
Tags: #Marriage and Divorce Law #Family Law #Litigation
The customary marriage issue is to be argued in the Constitutional Court today. The matter has been brought by Thokozani Maphumulo, the second wife of her husband, Musawenkosi, for 25 years until his death. In his will he left his entire estate to his eldest born son from his first wife. In 2015, two years after he died, she was served with an eviction notice and she became another victim of an unregulated customary marriage system, notes a News24 report.

Divorce case throws up customary v civil marriage conundrum

By Juta and Company (Pty) Ltd Published on Monday, 16 January 2017
Tags: #Marriage and Divorce Law #Litigation
One of SA’s highest profile divorces has taken a new twist, notes a report in the Sunday Times. The woman is claiming their antenuptial contract is invalid because they entered into a customary marriage, which started at Nkandla, before their civil marriage. Should the judge agree with her claim, she will get half of her husband’s substantial estate, which is believed to include a private jet, various high-end properties, interests in eight companies and several luxury vehicles.

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