While a family trust is often created for legitimate estate planning purposes, it is so that it ‘may turn out to be a handy vehicle for “divorce planning” because transferring […]
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MH v OT 2023 (3) SA 159 (WCC) In the case of MH v OT, the High Court made it clear that the child’s right to live in a happy […]
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Victims of sexual offences bring with them to the courtroom the disturbing experience of abuse, violence, and family conflict. These experiences are traumatic with the result that these victims may […]
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The current adversarial processes in parental responsibilities and rights (ie, care and contact disputes) in the dissolution of marriages and existing family units have been increasingly cited as a concern […]
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By Marietjie du Toit The trust legal institution, as it is recognised today – was unknown in Roman-Dutch law, although the principle of fiduciary duties has been a universal phenomenon […]
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The Supreme Court of Appeal (SCA) on 21 July 2022 in a unanimous decision of Z v Z 2022 (5) SA 451 (SCA) dispelled the notion that mothers cannot apply […]
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The Constitution is the supreme law, and it provides protection to all those lives within the Republic (s 7 of the Constitution). Chapter 2 of the Constitution contains the Bill […]
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By Kobus Brits Section 7(3) of the Divorce Act 70 of 1979 states as follows: ‘A court granting a decree of divorce in respect of a marriage out of community […]
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‘Sexual [assault] cases are similar in power structure to domestic violence or criminal assault matters. In those cases there is more than a simple dispute over money or property. Instead, […]
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This article discusses the approach adopted by South African courts when deciding whether it is legally permissible to consider the value of trust assets when determining the value of the […]
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