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Think Carefully Before You Sign a Divorce Settlement – You Just Might Be Held To It

Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...

The Ad Hoc Central Authority for the Republic of SA v Koch N.O.: A Landmark Case in International Family Law and Child Abduction

As a legal practitioner with a deep-seated interest in the nuances of expatriate and international family law, I have become intimately familiar with the complex issues that emerge when family disputes extend beyond national frontiers. One case that has garnered...

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...

Understanding Divorce Proceedings in South Africa

Divorce is never easy, but it can be less stressful when you understand the process involved. In South Africa, the divorce process can either be uncontested or contested. An uncontested divorce is one where both parties agree to the terms of the divorce, while a...