In the Limpopo High Court case M.F.B v J.B (5674/2016) decided on 24 January 2024, the issue of forfeiture of patrimonial benefits was a central point of contention. This case highlights the complexities involved in divorce proceedings, particularly concerning the division of joint assets and pension interests.
Family Law
Is Relocating a Child Always in Their Best Interest? Insights from the D.J.H. v A.H Case
Explore the Eastern Cape High Court’s decision in D.J.H. v A.H, which examines the critical factors in child relocation cases within the context of parental responsibilities and the child’s best interests. Gain insights into how South African courts navigate these delicate matters.
“The Impact of Ignoring Court Orders in Children’s Matters” – Exploring the Repercussions of Non-Compliance in Family Law
Discover the significant consequences of ignoring court orders in family law through the lens of the North Gauteng High Court ruling in B.M.G.S v M.B.S (26675/2022). This critical judgment underscores the importance of adhering to legal directives in matters concerning children’s well-being, highlighting the judiciary’s firm stance on ensuring compliance with court-ordered contact arrangements. Learn about the pivotal role of the Children’s Act in safeguarding children’s rights and the severe repercussions for non-compliance, including imprisonment for contempt of court.
Analyzing Parental Rights in International Child Relocation: A Look at T.R v S.M (035901/2023)
Examine the case of T.R v S.M (035901/2023) [2024] from the Gauteng Local Division of the High Court, Johannesburg, examining the complex issue of a custodial parent’s international relocation with a child. This pivotal case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationships.
Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)
Explore the South Gauteng High Court case K.A.E v W.N.E (58415/2021) regarding interim spousal maintenance and legal cost contributions in divorce proceedings. Uncover the complexities of balancing legal duties and the right to dignity post-separation, as the court addresses the financial disparities between a biokineticist and her engineer/businessman husband. Key insights into spousal support, constitutional rights, and equality in litigation are revealed in this comprehensive analysis.
Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S
In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16) [2023] ZAWCHC 291 emerges as a defining judgment. On November 20th, 2023, the Western Cape High Court delivered a decision that clarifies the application of Section 7(2) of...
Termination and Suspension of Parental Responsibilities and Rights
1.Introduction Termination or Suspension of parental responsibilities is a sensitive legal process with significant emotional and legal implications. It is typically pursued to protect a child's well-being and can arise from various situations. This blog delves into...
Navigating Relocation with Children: 5 Key Considerations Under South African Law
Relocating with a child is a significant life event that comes with its own set of challenges, especially when considering the legal aspects involved. South African law places a strong emphasis on the best interests of the child, and parents must navigate the process...
Understanding the Impact of Children’s Amendment Act 17 of 2022
The Legislative Shift: Guardianship and the Children’s Court The Children’s Amendment Act 17 of 2022 stands as a landmark shift in South African family law, significantly amending the Children’s Act 38 of 2005. This change introduces the jurisdiction of Children’s...











