Family Law

29
Mar

Who Gets the House on Divorce?

Article courtesy of Law Dot News – Family Law Divorce Who Gets the House on Divorce? “I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown.
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27
Jan

Buying a Property: Check the Seller’s Marital Status!

“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status with something more than what

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5
Jan

Life Partners – You Still Need a Will and a Cohabitation Agreement!

Article courtesy of Law Dot News Life Partners – You Still Need a Will and a Cohabitation Agreement! A recent High Court decision has been widely viewed as an important victory for the rights of unmarried opposite-sex life partners. Until now, if one such partner died intestate (without making a will), the other could not inherit on the same basis
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26
Nov

Grandparents – When Must You Pay Maintenance?

“An inability on the part of the parents to maintain a child must be established before a grandparent will be legally liable to do so” (extract from judgment below) One wonders how many grandparents are aware of (let alone plan for) the possibility that they may have a legal duty to support their grandchildren in certain circumstances. It could be

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28
Oct

Collecting Maintenance in Hard Times – Threaten Jail Time

“Compliance with court orders is always important. There is a particular scourge in this country of spouses, particularly husbands, failing to pay judicially ordered maintenance” (extract from second judgment below) Getting money out of serial maintenance defaulters is a notoriously difficult exercise, but even the most recalcitrant and cunning dodger will baulk at the prospect of being locked up for

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28
Sep

Friends and Lovers: Before You Lend Out Your Car…

“Neither a borrower nor a lender be” (Shakespeare) This is a case of a “love relationship” gone wrong but the principles of vehicle ownership apply to any situation in which you lend a motor vehicle to anyone else. A widely-held misconception is that if you are the registered owner of a car, it is yours and you are the owner.

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26
May

Domestic Violence and the Lockdown: Your Personalised Safety Plan

“Preamble to the Domestic Violence Act: “To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” There is great concern that the COVID-19 crisis, particularly the mandatory “stay at home” lockdown phase, will see both an increase in the levels of domestic violence, and a decrease in the ability of victims to

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27
Apr

Divorce in a Time of Lockdown – What Grounds Can You Rely On?

Note: If, as we hope, you personally have no need for an article on divorce, please think of passing this on to anyone you know who may find it relevant and useful. The National Lockdown has thrown together many couples not used to spending “24/7” time in each other’s company. Relationships will have strengthened for many couples, but others will

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27
Mar

Beware the “Common Law Marriage” Myth

“In our law cohabitation does not have special legal consequences. Generally the proprietary consequences and rights flowing from a marriage are not available to unmarried couples, regardless of the length of their cohabitation” (extract from judgment below) If you live as a couple, avoid the trap of believing the myth of the “common law marriage”. It’s a very persistent myth,

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6
Jan

January is “Divorce Month”: Beware the Dangers of DIY

January is “Divorce Month”: Beware the Dangers of DIY “What’s the only thing divorce proves? Whose mother was right in the first place” (Anon) The festivities are over, the bills are coming in and everyone is returning to reality. Couples who for most of the year only have to live with each other after work hours, have suddenly spent a

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