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Divorce Articles

Rule 43 Applications: The State of Play in 2024

Explore the critical role of Rule 43 in South African family law, providing interim relief in matrimonial disputes. Discover how courts balance support needs with fairness and protect children’s welfare during divorce proceedings.

Enforcing Settlement Agreements: A Case Study of Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality

Explore the enforceability of settlement agreements through the Free State High Court’s decision in Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality. Understand the legal implications and the significance of upholding settlement agreements in South Africa

Forfeiture in Divorce: Insights from A.R.S (born K) v M.S.S

Unravel the complexities of divorce proceedings with insights from the case of A.R.S (born K) v M.S.S in the Limpopo High Court. Discover key rulings on child maintenance, property disputes, and pension benefits, offering essential advice for navigating similar challenges.

Did the Transfer of Pension Interest Fulfill the Settlement Agreement in M.W.H v N.E.H and Another [2024] ZAFSHC 6?

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.

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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