International Family Law matters, applicable to South Africa Divorces are not only limited to people living in the same country. Often, you will find that one spouse lives in South Africa and the other in a different country. They want to get divorced but do not know how to go Continue Reading
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Frequently asked questions regarding relocation and consent when it comes to minor children
Frequently asked questions regarding relocation and consent when it comes to minor children Relocation – Are you planning on relocating to another country or moving to a different province within South Africa with your minor child? Are you concerned about the issue of consent from the other parent? Below are Continue Reading
My child is 22 years old, do I still have a legal obligation to pay child maintenance?
I need to know, when does a parent’s obligation to pay child maintenance end? Paying child maintenance, or maintaining their child, is the legal obligation of every parent. A parent does not have a choice in this matter. However, the level and standard of contribution are dependent on the means Continue Reading
I need to get divorced in 3 days. I was told it is possible. Is it really true?
Getting divorce within 3 days It often happens, when a marriage has irretrievably broken down, the parties are in agreement that they have to divorce. Furthermore, the parties came to an agreement regarding the propriety aspects of the marriage, care and contact of the minor children, as well as who Continue Reading
Contact with his child on Father’s Day
I would love to have contact with my child on Father’s Day. Her mother is refusing me contact. What does the law say when it comes to the rights of a father? Every year, the World celebrates Father’s Day. In 2019, it was celebrated on 16 June, coinciding with Youth Continue Reading
How to Apply for Child Maintenance at Court – Step by Step Guide and Advice
ABC guide to applying for Child Support/Child Maintenance Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for Continue Reading
Frequently Asked Questions and Answers on Wills – Last Wills and Testaments
Questions and Answers on Wills – Last Wills and Testaments Do you have any specific question on you last Will and Testament similar to that below? If yes, feel free to post it below. How do I write a will for free? Is a handwritten will legal? Are handwritten wills Continue Reading
The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives?
The role of a facilitator in family matters regarding children – Should he or she make legally binding decisions or directives? When parties divorce or they approached a court of law to resolve a dispute regarding a minor child, it was customary for them to appoint a facilitator should they Continue Reading
What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision?
Appealing a Maintenance Court Decision or Judgment In its very nature, maintenance matters are complicated and never straight forward. For starters, it deals with the income and expenditure of both parents and the needs of the child. It is not easy for a maintenance court to determine with a high Continue Reading
Same-sex Divorces in Cape Town South Africa – How does Lesbian and Gay Spouses get Divorced?
Gay and Lesbian (Same-sex) Divorces in South Africa – How does it work? As with any marriage, relationship or romantic partnership, there is no guarantee that it will last until death do you part. For a marriage, a divorce is what is needed if the marriage has irretrievably broken down. Continue Reading