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Maintenance Articles

Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S

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...

Termination and Suspension of Parental Responsibilities and Rights

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...

Understanding the Impact of Children’s Amendment Act 17 of 2022

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...

Planning to Move Abroad with Your Child? What You Need to Know

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...

Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)

Jan 19, 2024 | Children, Family Law, Maintenance

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.

Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S

Nov 22, 2023 | Contested Divorce, Divorce, Maintenance, Uncategorised

In the realm of matrimonial law, the case of J.E.R (Nee O) v B.E.S case (A16/2023; 15871/16)...

Termination and Suspension of Parental Responsibilities and Rights

Nov 21, 2023 | Children, Custody, Divorce, Family Law, Maintenance

1.Introduction Termination or Suspension of parental responsibilities is a sensitive legal process...

Setting Aside a Will: Five Things to Do When Faced With an Invalid Will

Apr 6, 2023 | Children, Family Advocate, Family Law, Maintenance

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...

5 Important Reasons You Should Have a Parenting Plan After Divorce

Apr 6, 2023 | Children, Divorce, Family Advocate, Family Law, Maintenance

Divorce can be a difficult process, especially when children are involved. One of the most important things to consider when going through a divorce is creating a parenting plan. In South Africa, a parenting plan is required by law for any couple with children who are...

My Ex-Partner Says I Do not Have Rights As The Father Of Our Daughter, Since We Were Never Married

May 4, 2021 | Children, Family Advocate, Family Law, Maintenance

What rights would the father then have in respect of a minor child?
Sally and Nico was in a relationship for approximately 2 years. During this time Sally fell pregnant. Before Sally had a beautiful baby girl, Paige, the relationship between her and Nico crumbled, and Nico moved out before Paige was born. ..

The Doctrine Of Status Quo

Apr 9, 2021 | Children, Domestic Violence, Family Advocate, Family Law, Maintenance

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.

Forfeiture Orders In Divorce

Mar 31, 2021 | Divorce, Family Law, Maintenance

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...

3 Things You Should Know About Child Maintenance, Which You Probably Don’t

Jul 25, 2020 | Family Law, Maintenance

Many parents seek maintenance for their minor children at some point. Maintenance is, unfortunately, often misunderstood. In this article, Chante Mouton looks at some of the basic issues relating to child maintenance.

In arrears with your maintenance payments? Beware! Court orders sequestration of estate in latest case

Jul 22, 2020 | Family Law, Maintenance

What does it mean to be in arrears with maintenance?
To be in arrears with maintenance simply means that you are behind or late with the fulfilment of your maintenance payments. These payments which you must make could be in respect of a duty or promise made.

Next Entries »

Maintenance Articles

Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S

Termination and Suspension of Parental Responsibilities and Rights

Understanding the Impact of Children’s Amendment Act 17 of 2022

Planning to Move Abroad with Your Child? What You Need to Know

Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)

Post-Divorce Maintenance for Spouses: The Case of J.E.R v B.E.S

Termination and Suspension of Parental Responsibilities and Rights

Setting Aside a Will: Five Things to Do When Faced With an Invalid Will

5 Important Reasons You Should Have a Parenting Plan After Divorce

My Ex-Partner Says I Do not Have Rights As The Father Of Our Daughter, Since We Were Never Married

The Doctrine Of Status Quo

Forfeiture Orders In Divorce

3 Things You Should Know About Child Maintenance, Which You Probably Don’t

In arrears with your maintenance payments? Beware! Court orders sequestration of estate in latest case

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