Blog

“The Impact of Ignoring Court Orders in Children’s Matters” – Exploring the Repercussions of Non-Compliance in Family Law

Children, Custody, Family Law, Maintenance

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.

Can Trustees Determine the Capital Beneficiaries in a Trust? A Detailed Analysis of Schoonhoven N.O and Others v Schoonhoven and Others [2024] ZAKZPHC 1

Trust Litigation, Litigation

Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others...

Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?

Commercial Law

Explore the decision in ‘Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15,’ where the North Gauteng High Court addresses the intriguing dilemma of sibling rivalry within family businesses. This blog post delves into the application of Section 81 of the Companies Act, analyzing the ‘just and equitable’ grounds for winding up solvent family-owned entities amid disputes. Uncover the legal insights and implications of this case for family-run corporations, highlighting the court’s approach to trust, cooperation, and the deadlock principle in familial business disputes.

Role of Financial Differences in Determining Legal Costs in Divorce Cases

Divorce, Contested Divorce, International Divorce, Uncontested Divorce

This 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 relationship

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

Family Law, Children

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.

Is a Customary Marriage Valid in the Presence of a Prior Civil Marriage? Insights from Mavundla v Mthethwa N.O. & Others

Marriage

Explore the legal complexities of concurrent matrimonial unions in South African law through the lens of the Mavundla v Mthethwa N.O. and Others case. This insightful article delves into the KwaZulu-Natal High Court’s analysis on the validity of a customary marriage in the presence of an existing civil marriage, under the Recognition of Customary Marriages Act. Understand the court’s reasoning, key legal provisions, and the final judgment in this pivotal case.

Does a Lifetime of Shared Assets and Commitment Constitute a Universal Partnership in Law? Insights from a South African High Court Ruling

Cohabitation

Delve into the South African High Court ruling in the case of LL vs. CH N.O., exploring the legal recognition of universal partnerships outside marriage. This insightful analysis examines the case where shared assets and commitments between individuals were scrutinized to determine the existence of a universal partnership. Uncover the court’s critical findings and their implications on relationships and asset division in modern legal contexts.

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Commercial Law, Debt Collection, Debt Prevention, Debt Review Upliftment, Debtors, Debtors book

Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities