A closer look at maintenance court procedures in South Africa
Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]
I can no longer afford to pay maintenance, what should I do?
Some of us are faced with the issue of not being able to meet our financial obligations. One such obligation could be a maintenance order. South African law, imposes harsh sanctions on maintenance debtors who fail to adhere to their maintenance obligations. Therefore, If you ever find yourself in a position where you are no […]
How to Proceed with Divorce When Your Spouse Cannot Be Found
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally delivered to the person it concerns unless the court allows a different service. But what if the sheriff can’t deliver the documents because the person has disappeared or moved abroad? This article will explain alternative […]
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]
Can You Inherit from Someone You Have Merely Been Living With?
In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]
Contractual Consequences of Breaking Off an Engagement
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. To help you understand and effectively navigate antenuptial agreements, we’ve compiled answers to some commonly asked questions. Frequently asked questions about […]
Redefining Divorce Rights: Section 7(3) of the Divorce Act Struck Down by the Constitutional Court
In a significant legal development, the Constitutional Court of South Africa, on 10 October 2023, upheld a judgment from the High Court of Pretoria, declaring Section 7(3) of the Divorce Act as unconstitutional. This ruling has far-reaching implications for marriages entered before the commencement of the Matrimonial Property Act and has the potential to reshape […]