A Grandparent or grandparents often fill the void for children when their own parents are not able to take care of them. Grandparents, having raised their own children before, can provide their grandchildren with significant wisdom and life-lessons which can be...
Are you a targeted parent? We look at six signs of possible Parental Alienation. The divorce or separation of parents can have devastating effects on the children involved. Some parents use their power to make children falsely believe that the other parent is bad. Not...
A “Family Advocate” is often something parents come across when facing separation, married or unmarried, when they have a dispute over who the care, contact and access of the child or children, will belong to. However, very few parents understand the role, function...
The Male Primogeniture Rule is a customary law which states that only the elder legitimate son can inherit the deceased estate in exclusion of the other siblings. A large number of South Africans live in terms of customary law rules and they see them as being legally...
Forfeiture of patrimonial benefits is legislated by Section 9(1) of the Divorce Act 70 of 1979 (herein after “the Act”). Section 9(1) of the Act states: “(1) When a decree of divorce is granted on the ground of the irretrievable break-down of marriage the court may...
A Rule 43 Application in the High Court provides for urgent interim relief. Contested divorce proceedings are not only an emotional time but can also take years to be finalised. A Rule 58 Application applies to similar cases in the Regional Court. In many instances,...
In my divorce practice I am often confronted with scenarios where either, or both, parties to a marriage in community of property feel aggrieved as a result of transactions entered into by their spouse on behalf of the joint estate during the course of the marriage....
When it comes to unmarried father's rights, there has certainly been a grey area for many years. In the past, the mother of a child had control over what is best for the child and the Courts gave preference to mothers as it was assumed that they make better...
An uncontested divorce is always preferable, but it is not always possible. In the event that an uncontested divorce is not possible, your divorce attorney will assist you in preparing a contested divorce. Benefits of Proceeding With an Uncontested Divorce AVOID LEGAL...
