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Matters of interim maintenance

When a marriage disintegrates, the spouse who has been the homemaker and caregiver often finds themselves in dire financial straits. Statistically speaking this person is usually the wife and they then...

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Rehabilitate your earning power

The term “rehabilitative maintenance” was coined to deal with situations where a maintenance order is set for a limited period of time before a divorce is finalised. Section 7(2) of the Divorce Act,...

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Can a jilted fiancée sue?

South Africa’s common law, which is created over time by custom (ie the behaviour and norms of society) and judicial precedent (the decisions of the courts), has historically recognised a claim for...

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Rule 34: Breaking the divorce settlement gridlock

Settlement agreements come with their own complications, especially if you and your former spouse are battling to reach consensus around, for instance, who gets what, contact, residency, and cost...

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Emigration and relocation: your rights

In South Africa, all legislation related to the contact you, as a divorced parent, enjoy with your child (previously known as ‘access’) is contained in the Children’s Act of 2005. It outlines all your...

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Collaborative divorce – a new way of thinking

Collaborative divorce is a process that has gained traction in many countries, especially in the United States and Canada. Essentially, and similarly to mediation, it is a process that attempts to...

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Understanding the legal grounds for divorce

Before 1979, the grounds for divorce in South Africa included adultery, malicious desertion, incurable mental illness and imprisonment for at least five years of a spouse who was a habitual criminal....

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Single moms and maintenance

This issue is very closely related to the parental responsibilities and rights of unmarried fathers, so a good starting point is to analyse what the Children’s Act 38 of 2005 says about the...

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What you need to know about getting married in community of property

Couples that get married in South Africa in terms of a civil marriage, which is governed by the Marriage Act without an antenuptial contract are automatically married in community of property. While...

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Giving children relational stability during a divorce

At a recent presentation about age-appropriate contact with children whose parents have gone through, or are going through a divorce, Lynette Roux of the South Africa Association of Mediators showed...

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