Surrogacy and the Legal Process
Surrogacy, a process where a woman carries and delivers a child for another person or couple, is a complex journey intertwining medical, emotional, and legal considerations. In South Africa, the legal framework surrounding surrogacy is carefully constructed to protect the rights of all parties involved: the commissioning parents, the surrogate, and most importantly, the child. […]
Contractual Consequences of Breaking Off an Engagement
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If […]
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]
Understanding South Africa’s Domestic Violence and Harassment Act: A Comparative Analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
How to Proceed with Divorce When Your Spouse Cannot Be Found
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally delivered to the person it concerns unless the court allows a different service. But what if the sheriff can’t deliver the documents because the person has disappeared or moved abroad? This article will explain alternative […]
Should You Opt for a DIY Divorce in South Africa?
A DIY divorce in South Africa offers a cost-effective, simple option for uncontested cases but comes with risks like unfair settlements and asset division issues. This brief guide highlights the process, benefits, and potential pitfalls, underscoring the need for careful consideration to protect personal and family interests. Understanding DIY Divorce Can I do my own […]
Expert Family Law Services: Divorce, Child Maintenance, and Spousal Support
Facing the challenges of divorce, child maintenance, and spousal support can seem daunting, but there’s no need to go through it by yourself. The right expertise in these areas is crucial for securing outcomes that are fair and favourable to you. Specialised knowledge in family law is your key to receiving effective legal advice and […]
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 […]
Does my maiden name automatically change if I get married in South Africa?
Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to change one’s maiden name after tying the knot. In South Africa, as in many other countries, there are legal and personal considerations to contemplate when it comes to changing […]
Can you change your marital regime after marriage?
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]