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 […]
Read more...Category: Family law
Family law
Sperm donor wants access to his biological son
The judgment was reserved in an application brought by a sperm donor to have access to his biological son after the child’s biological mother and her same-sex partner severed all ties with him. This case is a first of its nature in South African legal history with no existing case laws in this country to […]
Read more...Does a customary marriage automatically dissolve if parties walk away? – Monyepao v Ledwaba and Others (1368/18) 2020 ZA
Customary marriages are valid and are recognised in terms of the Recognition of Customary Marriages Act, 120 of 1998. A customary marriage can be defined as a marriage concluded in accordance with Customary Law. For a customary marriage to be valid, certain requirements must be met. Firstly, the marriage must be negotiated and be entered […]
Read more...I want to emigrate with my child – can my ex refuse consent?
It is true, now more than ever, that people follow opportunities. Our geographical mobility, combined with the increase in separations and divorces between parents, causes us to be confronted with the following question more frequently – what can I do if my ex refuses consent for me to emigrate with our child? This was the […]
Read more...What are the rights and responsibilities of the unmarried father?
More than any other parent, unmarried fathers often experience a wide range of problems when it comes to exercising contact with their child born from an extra-marital relationship. What are the rights and responsibilities of such a father, and how can they be enforced? As a starting point, it is important to mention that the […]
Read more...How to increase or decrease your child’s maintenance payment
A maintenance order may be varied, suspended or rescinded, by the Maintenance Court in the area in which the child resides. The Maintenance Court will only grant an increase or decrease of the maintenance payable, should the court find that there is sufficient reason to do so. When considering “sufficient reason”, the court often refers […]
Read more...What’s in a name?
Parties to an acrimonious relationship often struggle to put their personal feelings aside to focus on the best interests of their minor child. We so often see mothers who wish for their ex-husbands or the fathers of their children to be involved in no other way than having to contribute to the maintenance of the […]
Read more...How do I increase or decrease my child’s maintenance payments?
A maintenance order may be varied, suspended or rescinded, by the Maintenance Court in the area in which the child resides. The Maintenance Court will only grant an increase or decrease of the maintenance payable, should the court find that there is sufficient reason to do so. When considering “sufficient reason”, the court often refers […]
Read more...Can the father of a child, born out of wedlock, insist on his name being added to the birth certificate?
Parties to an acrimonious relationship often struggle to put their personal feelings aside to focus on the best interests of their minor child. We so often see mothers who wish for their ex-husbands or the fathers of their children to be involved in no other way than having to contribute to the maintenance of the […]
Read more...17 interesting facts and tips on marriage contracts
1. If you get married without signing a marriage contract, you will automatically be married in community of property. 2. If you are married in community of property, i) the assets of both spouses form part of the joint estate and can be attached by creditors for debts incurred by either spouse; ii) the assets […]
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