Lungi and Tebogo got married in December 2018 in Durban, Kwazulu-Natal. Tebogo paid full lobola...
We Did Not Formally Register Our Customary Marriage – Is It Still Valid?
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Family Advocate Articles
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....
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...
Recognition of Customary Marriages
The change of position for women previously discriminated against in customary marriages Cabinet in July 2019 approved the submissions made on the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament. The approval of this Bill is said to be a major...
How To Enforce a Maintenance Order
At the outset of this article "How To Enforce a Maintenance Order", it should be noted that failure to pay maintenance when the court has ordered payment, is a criminal offence and one may be jailed for failure to pay maintenance. Enforcement of maintenance orders is...
Can tertiary education be included in child maintenance?
Introduction In a society where divorce and children born out of wedlock are prevalent, our law must play a role in order to ensure that children’s rights and interests are protected. When parents are at odds relating all other aspects of the relationship, they also...
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...
Children attending therapy during divorce proceedings
Major decisions involving children: Consent by the respective parents to children attending therapy during divorce proceedings Many parents, during the divorce proceedings between them and their spouse, notice the effect such divorce has on their children and...
Adoption in South Africa: Who, what, when, why and how?
"Born not from our flesh, but born in our hearts, you were longed for and wanted and loved from the start. This quote is the perfect wording to describe adoption. Adopting a child can be a very joyful experience for a family, however without understanding the process...