The Relationship the Law Forgot to Recognise
Cohabitation Doesn’t Mean You Share Legal Rights Many couples move in together, split the rent, raise children, and quietly assume that the law sees them as something close to being married. The reality is that South African law does not recognise a general common-law marriage, and cohabiting partners do not receive automatic matrimonial property rights. […]
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 […]
Does My Maiden Name Automatically Change if I Get Married in South Africa?
Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to change one’s maiden name after tying the knot. In South Africa, as in many other countries, there are legal and personal considerations to contemplate when it comes to changing […]
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 […]
Navigating the legal galaxy: Protecting the needs of minor children
The needs and requirements of minor children form a vast and intricate galaxy of concepts, governed by the legal framework established for the guardianship of these young individuals. In the context of South African law, a minor child’s guardian plays a pivotal role in ensuring their well-being and legal protection. According to the South African […]
Understanding South Africa’s Domestic Violence and Harassment Act: A comparative analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
Choosing guardians for your minor children
My husband and I have two minor children. I am concerned about who will look after our children in the event of my husband and I passing away at the same time. We have been advised to nominate guardians in our wills. What should I keep in mind when choosing guardians? Choosing guardians for your […]