Learn how M.W.H v N.E.H & Another addressed the legal considerations of transferring pension interests to fulfil a settlement agreement. Tax deductions & more.
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.
This 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 relationship
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...
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...
Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings, particularly in the Gauteng High Courts. To truly understand their significance, we'll take a journey back to the time before FDAs, explore key legal cases that led to their...
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Understanding legal judgments can sometimes be a maze for many. In the realms of South African divorce law, the case EB (born S) v ER (born B) and Others and the KG v Minister of Home Affairs and Others [2023] ZACC 32 stand as paramount. It has brought about significant change and discussion in family law circles.
This article endeavours to break down this case, explaining its implications for South Africans and debunking some of the prevailing myths surrounding the judgment.
The suggestion that mediators should understand court procedures may appear contradictory at first glance. After all, the very purpose of mediation is to resolve disputes without resorting to the courtroom. Nonetheless, a strong understanding of legal processes can...
Divorce can be a difficult process, especially when children are involved. One of the most important things to consider when going through a divorce is creating a parenting plan. In South Africa, a parenting plan is required by law for any couple with children who are...
The Uncontested Divorce Process in South Africa is designed to be a simpler and more cost-effective alternative to contested divorce proceedings. Divorce can be a challenging experience, but sometimes it is the only viable option for couples unable to resolve their...
You want to make the best decisions for your child's well-being as a parent. When parents are divorced or separated, it can be difficult to determine who has the final say in major decisions regarding the children. The South African Children's Act of 2005 outlines the...
Divorce is never easy, but it can be less stressful when you understand the process involved. In South Africa, the divorce process can either be uncontested or contested. An uncontested divorce is one where both parties agree to the terms of the divorce, while a...
