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Family Advocate Articles

The Doctrine Of Status Quo

The primary purpose of the application of the status quo doctrine is to ensure that the best interests of the children are of paramount importance.

We Did Not Formally Register Our Customary Marriage – Is It Still Valid?

Lungi and Tebogo got married in December 2018 in Durban, Kwazulu-Natal. Tebogo paid full lobola for Lungi and the handing over of the bride ceremony was done, however, they never formally registered their marriage. Lungi and Tebogo now want to get divorced, however,...

Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

Movement of children during the lockdown: More regulation changes made 29 April 2020

The Regulations regarding the movement of children during the lockdown have changed once again. The latest Regulation as at the 29th of April 2020 states that, the movement of children between co-holders of Parental Responsibilities and Rights or a caregiver, in the...

Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

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Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

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Good news for parents of minor children during the lockdown – Regulations Published 16 April 2020

Good news for parents of minor children during the lockdown – Regulations Published 16 April 2020

“My name is Sandra. My husband and I recently instituted divorce proceedings and are still awaiting the endorsement of our Settlement Agreement with regards to the care of our minor children by the Family Advocate. This means that during the lockdown period, we do not have a court order in place governing the arrangement of our minor children, nor do we have a Parenting Place in place that is registered with the Family Advocate to allow us to move the minor children between him and I. What do the regulations in your latest article mean for us? My ex-husband and I would both love to see our children during this lockdown and cannot continue this way. Please advise and thank you for your help!

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What happens to the contact rights with my child(ren) during the Coronavirus country wide lockdown

What happens to the contact rights with my child(ren) during the Coronavirus country wide lockdown

“My name is Paul. My wife and I are divorced, and we have a shared residency regime with our minor child. President Ramaphosa announced the country wide lockdown from the 26th of March 2020 until the 16th of April 2020. I read your previous article about contact rights during the Coronavirus lockdown, but I was wondering if the government has released any regulations to govern this position? How do we continue to share contact with our child during this time? Can I drive to her place to see and fetch my child when it is my days to spend time with him? I am really confused about what is legal to do? Are there are regulations that have been released yet? Please help! I miss my son but I don’t want to be in trouble with the law”

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Claim for Emergency Monetary Relief

A claim for Emergency Monetary Relief in the Domestic Violence Court. The Domestic Violence Act 118 of 1998 came into operation aimed at alleviating the prominence of domestic violence experienced by woman and children in South Africa. The act provides a remedy to...

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Parental Responsibilities and Rights Agreement vs a Parenting Plan

Parental Responsibilities and Rights Agreement vs a Parenting Plan

Parental Responsibilities and Rights Agreement vs a Parenting Plan

Most people have throughout their life heard of a Parenting Plan, had one drafted for their own children, or heard about a family member having one for their children. However, very few people, in fact, a very small percentage of people have heard about a Parental Responsibilities and Rights Agreement. Most people are not even aware that such an agreement exists. For those who do know about such an agreement, they often confuse it with a Parenting Plan. This article serves to explain what a Parental Responsibilities and Rights Agreement is, what a Parenting Plan, the difference between such two agreements and the main similarities between them.

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