Persons and family law

Husband ordered to pay maintenance of stepchild while divorce is pending as he is the administrator of the joint estate

GR v RR (GP) (unreported case no 38304/21, 21-2-2023) (Noko AJ) In GR v RR the Gauteng Division of the High Court ordered that pending a divorce, the respondent continue […]

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Eliminating sexual harassment in the workplace – #TimesUp for employers

By Mmathabiso Khalema Holmes JA in S v Snyman 1968 (2) SA 582 (A) likened complainants in sexual assault cases to accomplices in crime and described them as having a […]

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Forfeiture in divorce

It is a requirement in divorce proceedings that the party instituting the divorce action should attribute reasons for the irretrievable breakdown of the marriage. Adultery and infidelity are common grounds […]

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The antenuptial contract – incorporating or excluding accrual resulting in s 7(3) of the Divorce Act being applicable

I found it disheartening and unjust that my female clients married by antenuptial contract out of community of property involved in a divorce action had no proprietary claim against the […]

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Should general damages form part of the joint estate at the dissolution of marriage in community of property?

Section 18(a) of the Matrimonial Property Act 88 of 1984 (the Act), expressly excludes non-patrimonial damages suffered by a spouse during the marriage from forming part of the joint estate. […]

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Is a parent allowed to claim maintenance on behalf of adult children and is there a need for a separate court application?

In the case of Z v Z 2022 (5) SA 451 (SCA), the applicant, Mrs Z (the mother) married the respondent Mr Z (the father) on 10 January 1995, and […]

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Applying for maintenance on behalf of adult children

In my observations of maintenance courts, I observed that maintenance officers opt for the discharge of maintenance orders when minor children turn 18 years old and are deemed as young […]

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Judicial discretion in unopposed divorce matters

This article discusses the way some presiding officers – in various divisions of the High Court and different magistrates’ courts – adjudicate unopposed divorce proceedings and unnecessarily remove matters from […]

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‘Lying-in expenses’ in the maintenance courts

Many mothers are oblivious to the term ‘lying-in expenses’ and unbeknown to them, fail to claim these expenses when applying for child maintenance for the first time. ‘Lying-in expenses’ are […]

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Improving the legal system and resources for victims of domestic violence

Spouses and children victimised by domestic violence face exceptional barriers to access family justice in South Africa. A multifaceted socio-legal problem, domestic violence implicates criminal, civil, and family law simultaneously. […]

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