In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16)...
Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S
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Divorce Articles
Termination and Suspension of Parental Responsibilities and Rights
1.Introduction Termination or Suspension of parental responsibilities is a sensitive legal process...
Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery
Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings,...
Parental Responsibilities and Rights Agreement
All you need to know about a Parental Responsibilities and Rights Agreement in respect of a child. “My name is John. My wife and I got married in 2010. She has one minor child (*Jared* - not his real name for purposes of protecting his identity) born from her previous...
Family Mediation
Family Mediation – 3 reasons why it’s the best route when there are children involved Divorces are rarely easy and tend to be more difficult when there are children involved. At the end of the day, everyone wants the same outcome – to be able to move past a difficult...
Termination Of Parental Responsibilities And Rights
A parent may either have full or specific parental responsibilities and rights in respect of a child. The responsibilities and rights include the responsibility and right to care for the child, maintain contact with the child, act as guardian and contribute towards...
Five qualities to look for In a Mediator
Five qualities to look for In a Mediator When dealing with a dispute, whether it be between spouses, partners or businesses, it is vital that both parties do the necessary research to feel comfortable with the mediator chosen. Should either party feel uncomfortable...
Mediation – why the courts push for this option and the benefits
The South African Court system is often overwhelmed, with many cases coming through the doors, and not enough people and resources to keep up with the demand. With this in mind, there is a new proposal from the Rules Board for Courts of Law that will require South...
What Happens When A Parent Fails To Pay Maintenance?
Subject to the defence that failure to make a payment in terms of a maintenance order is due to lack of means, a person who fails to make payment in accordance with a maintenance order is guilty of contempt of a Court Order and may suffer one or more of the following...
Why couples reject mediation and the importance of mediation in divorce matters?
Mediation is a very important tool during divorce proceedings. Not only can mediation result in less trauma, but children can also benefit greatly from it. Many legal practitioners encourage their clients to attend mediation before resorting to litigation, however...
Are you expected to pay maintenance if prevented from seeing your child(ren)?
“I pay maintenance for my child religiously every month because I know the separation is not their fault. They deserve to be taken care of and their needs are my responsibility. What I cannot handle though is my ex preventing me from seeing my child despite me paying...
Claiming maintenance for your child: A step-by-step guide through Maintenance Court
Section 18 of the Children’s Act, 38 of 2005 places the responsibility on the parents of a child to contribute to the maintenance of the child. This article endeavours in setting out the process of claiming the maintenance your child is entitled to at Maintenance...