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.
Discover the significant consequences of ignoring court orders in family law through the lens of the North Gauteng High Court ruling in B.M.G.S v M.B.S (26675/2022). This critical judgment underscores the importance of adhering to legal directives in matters concerning children’s well-being, highlighting the judiciary’s firm stance on ensuring compliance with court-ordered contact arrangements. Learn about the pivotal role of the Children’s Act in safeguarding children’s rights and the severe repercussions for non-compliance, including imprisonment for contempt of court.
Explore the South Gauteng High Court case K.A.E v W.N.E (58415/2021) regarding interim spousal maintenance and legal cost contributions in divorce proceedings. Uncover the complexities of balancing legal duties and the right to dignity post-separation, as the court addresses the financial disparities between a biokineticist and her engineer/businessman husband. Key insights into spousal support, constitutional rights, and equality in litigation are revealed in this comprehensive analysis.
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...
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...
The Legislative Shift: Guardianship and the Children’s Court The Children’s Amendment Act 17 of 2022 stands as a landmark shift in South African family law, significantly amending the Children’s Act 38 of 2005. This change introduces the jurisdiction of Children’s...
Relocating to a new country is often an exciting adventure. However, when minor children are involved, the legal aspects can become complex and challenging. Decisions are no longer just about your personal or professional growth. It is about striking a balance between...
When a parent's ability to provide a safe and nurturing environment for a child is called into question, the law allows for the termination of parental responsibilities and rights. In South Africa, this process is regulated by Section 28 of the Children's Act. In this...
Have you recently come across a will that you believe is invalid? If so, you may be wondering what your options are and what steps you need to take to challenge its validity. In this blog, we will discuss the process of setting aside wills and provide you with five...
