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Divorce Articles

Think Carefully Before You Sign a Divorce Settlement – You Just Might Be Held To It

Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...

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...

Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery

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...
I Want To Divorce My Husband But I Was Only Married In Terms Of Sharia Law

I Want To Divorce My Husband But I Was Only Married In Terms Of Sharia Law

“Naeema and Rasheed were married in terms of Sharia Law on the 06th of December 2018. After a few years of marriage, it was clear to Naeema that Rasheed was abusive and was controlling their finances completely. Naeema decided to get legal advice and was incorrectly advised that Muslim Marriages are currently not recognized in South Africa, and therefore, she will not be able to get divorced in our Courts. Naeema was sure that she had read somewhere that she could get divorced in South African if she has been married in terms of Sharia Law.”

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Forfeiture Orders In Divorce

Forfeiture Orders In Divorce

Chris has a high paying job as a cardiovascular surgeon and Katy manages organic health foods store in a prominent area in the city. Despite Katy’s hard work, Chris has been the main contributor to the families lavish lifestyle and many of their marital assets were...

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Separating Fact from Fiction – Debunking the Top 3 Mediation Myths

Separating Fact from Fiction – Debunking the Top 3 Mediation Myths

Alex and Sam have been married for a few years and have decided to get a divorce. Alex has proposed to Sam that they attempt to resolve the terms of their divorce through mediation. Sam is concerned about the mediation process and whether either of the parties’ rights would be compromised by partaking in the mediation process. In this article, we will be busting the Top 3 Mediation Myths surrounding  mediation.

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