Family Law

Analyzing Parental Rights in International Child Relocation: A Look at T.R v S.M (035901/2023)

Examine the case of T.R v S.M (035901/2023) [2024] from the Gauteng Local Division of the High Court, Johannesburg, examining the complex issue of a custodial parent’s international relocation with a child. This pivotal case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationships.

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

Family Law, Children, 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

Uncategorised, Contested Divorce, Divorce, Maintenance

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

Children, Custody, Divorce, Family Law, Maintenance

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...

Navigating Relocation with Children: 5 Key Considerations Under South African Law

Family Law, Attorney, Children

Relocating with a child is a significant life event that comes with its own set of challenges, especially when considering the legal aspects involved. South African law places a strong emphasis on the best interests of the child, and parents must navigate the process...

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

Children, Family Advocate, Family Law, Maintenance

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...

Demystifying Financial Disclosure Affidavits (FDAs): From Mystery to Mastery

Divorce, Family Law, Labour Law

Financial disclosure affidavits (FDAs) have become an integral part of divorce proceedings, particularly in the Gauteng High Courts. To truly understand their significance, we'll take a journey back to the time before FDAs, explore key legal cases that led to their...

Demystifying the Constitutional Court Judgment of KG v Minister of Home Affairs and Others [2023] ZACC 32

Divorce, Antenuptial contract, Family Law

Understanding legal judgments can sometimes be a maze for many. In the realms of South African divorce law, the case EB (born S) v ER (born B) and Others and the KG v Minister of Home Affairs and Others [2023] ZACC 32 stand as paramount. It has brought about significant change and discussion in family law circles.

This article endeavours to break down this case, explaining its implications for South Africans and debunking some of the prevailing myths surrounding the judgment.

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

Family Law, Children, Maintenance

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...