Can an extra-marital lover of an unfaithful spouse claim maintenance?

Can an extra-marital lover of an unfaithful spouse claim maintenance? Not too long ago, if you weren’t legally married, you were not regarded as a spouse. This resulted in you being unable to claim maintenance in terms of the Maintenance of Surviving Spouses Act or inherit as a spouse in terms of the Intestate Succession […]

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Why divorcing without an attorney is a bad idea

The growth of legal information on social media and articles greatly impacts society holistically. As a result, many people wonder whether there is a need to appoint an attorney or not during divorce matters. Due to legal information and advice being accessible to the public online, many believe appointing an attorney is unnecessary. Having a […]

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Divorce vs Separation – what’s the difference?

Separation is when spouses decide that they want time away from their marriage while considering divorce or reconciliation. It can be physical, where the spouses have different residences, or spouses can choose to reside in the same household as roommates instead of spouses. A separation agreement is highly recommended during separation, as this will ensure […]

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DIVORCE AND MAINTENACE PAYMENT

In a recent judgement of the Johannesburg Gauteng Division of the High Court, the Court made an order that a man (whose name cannot be disclosed to protect the identity of the minor child) pay a monthly maintenance amount in access of R67 000 to his wife and minor child after he claimed that he […]

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ANTENUPTIAL CONTRACTS AND HOW THEY ARE EXECUTED

In South Africa, the default marital regime is in community of property, except where the parties entered into an antenuptial agreement – in the movies, it is more commonly known as a “prenup” or a “prenuptial agreement”. The movies tend to give it a bad rap, as many people are opposed to entering into such […]

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Understanding customary marriages

A customary marriage is one that is concluded in accordance with Customary Law. Customary Law is defined as customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of their culture. According to the Recognition of Customary Marriage Act 120 of 1998, for a customary marriage to be […]

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