Reproductive rights in South Africa: Anonymity of sperm and egg donors
Individuals are increasingly relying on Assisted Reproductive Technologies (ARTs) to realise their reproductive rights and desire to procreate as a result of rising infertility rates worldwide. The emergence of ARTs and the development in this field has brought many new legal questions that need consideration and answering. An important concept surrounding gamete donation relates to the anonymity of […]
Can you inherit from someone you have merely been living with?
In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]
New era for domestic violence cases: Enhanced protection under amended act
The legal landscape for domestic violence in South Africa just shifted. New amendments focus on swift arrests, tougher bail, and preventing charge withdrawals to prioritise victim safety. Read more about this crucial change and its impact on communities and justice. A paradigm shift in tackling violence within intimate relationships The April 2023 amendments to the […]
Navigating antenuptial agreements in South Africa: Your questions answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Ignoring a court order because the court is wrong
When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you in contempt of court. The consequences of the latter might be more severe than you expected – resulting in a criminal record perhaps or worse. A person can be held in contempt of court in both […]
How the amendment to the Civil Union Act affects marriage officers
The Civil Union Act 17 of 2006 (“the Act”) was enacted to provide for the solemnisation of civil unions by way of either a marriage or civil partnership. The Act defines a “civil union” as the — “voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered […]
What role do grandparents play in a child’s wellbeing?
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are […]
Do I have to pay maintenance to my spouse when we get a divorce?
The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce Act 70 of 1979. The parties can opt to settle […]
Is it truly in the best interest of the child?
Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every matter concerning a child. Courts are thus mandated by the Constitution, which is the highest law in the land, to always give effect to what would be best for […]
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 […]