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BILL TOLKEN HENDRIKSE INC.

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BILL TOLKEN HENDRIKSE INC.

The Family Law Department focuses on all aspects of law relevant to the enforcement and protection of individual’s rights in personal relationships.

14/10/2026

Divorce changes a family. Children shouldn’t have to carry the conflict.

When parents are in dispute, it can be tempting to ask a child to pass on a message, choose sides, report on the other household or listen to criticism of a parent. Even when it seems like a small request, it can leave a child feeling caught in the middle.

A few reminders for co-parents:

• Speak to each other directly, or use a lawyer or mediator if communication is difficult.
• Keep adult disagreements and legal matters away from your child.
• Don’t use contact as a reward or punishment. Follow the parenting plan or court order, and get legal advice if you have a genuine safety concern.
• Let your child share their views without making them responsible for deciding between their parents.

In South Africa, a child’s best interests must be the central consideration in matters affecting them. The Children’s Act also recognises a child’s right to participate in decisions, where they are old enough and mature enough. Being heard should never mean being pressured to choose.

A clear parenting plan can set out care, contact, communication and decision-making arrangements, and help reduce conflict over time.

Your child doesn’t need you to agree on everything. They need to know they can love both parents without guilt or pressure.

If co-parenting conflict is affecting your child, contact Bill Tolken Hendrikse Inc Family Law, Stellenbosch for guidance.

📞 021 002 5371
📍 Stellenbosch. Ground Floor,
Brandwacht Office Park, Muscadel House,
Trumali St, Paradyskloof
Stellenbosch, 7600

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28/09/2026

When family life changes, clear advice and steady support matter.

At Bill Tolken Hendrikse Inc., our Stellenbosch team helps individuals and families navigate sensitive family-law matters with care, practical guidance and a focus on what matters most.

We assist with divorce and separation, children’s matters, maintenance, protection orders, antenuptial and cohabitation matters, mediation and property disputes.

Whether you’re facing a difficult decision or need to understand your options, our team is here to help you take the next step with confidence.

📍 Stellenbosch
Ground Floor, Brandwacht Office Park, Muscadel House
Trumali Street, Paradyskloof, Stellenbosch, 7600
☎️ 021 002 5371
✉️ [email protected]
🌐 billtolken.co.za

Bill Tolken Hendrikse Inc. - compassionate guidance. Strong legal solutions. Focused on what matters most.

21/09/2026

💔 30 years together. Married without accrual. Was she entitled to nothing?

Not necessarily.

In E.L.M v L.M (2025), the KwaZulu-Natal High Court awarded a wife 40% of the net value of her husband’s estate, together with maintenance of R20 000 per month for 12 months - even though their antenuptial contract excluded accrual.

The court considered:

• Six years of cohabitation followed by 24 years of marriage
• A universal partnership during their cohabitation
• Her domestic, caregiving and financial contributions
• Her limited assets, earning prospects and lack of retirement provision
• The substantial growth of the husband’s estate
• Incomplete disclosure of his assets

Why does this matter?

Following the Constitutional Court’s decision in EB v ER; KG v Minister of Home Affairs [2023] ZACC 32, the redistribution remedy under section 7(3) of the Divorce Act is no longer restricted by the pre-1984 cut-off date.

However, redistribution is not automatic. Each case depends on its own facts, the contributions made by each spouse and what the court considers just and equitable.

The takeaway: An antenuptial contract remains important, but it may not always be the end of the enquiry. Domestic, caregiving, financial and other indirect contributions can matter. Premarital cohabitation may also be relevant where a universal partnership can be proved.

Need clarity about your rights?

Bill Tolken Hendrikse Inc. has been assisting Cape Town families since 1961. Our Family Law team can advise you on redistribution and spousal-maintenance claims.

📍 Bellville, Cape Town
🌐 www.billtolken.co.za

This post provides general information and does not constitute legal advice.

10/09/2026

⚖️ ANNULMENT IS NOT A “QUICK DIVORCE”

A short or unhappy marriage does not automatically qualify for annulment.

In South African law, a divorce ends a marriage that was legally valid. An annulment deals with a legal defect that already existed when the marriage was concluded.

There are two main categories:

A VOID MARRIAGE was invalid from the start. This may include cases where:

• One spouse was already party to an existing monogamous marriage.
• The spouses were too closely related.
• A spouse lacked the mental capacity to understand and consent to the marriage.
• Essential legal formalities were not properly followed.

Although a void marriage is treated as invalid, obtaining a court declaration may still be necessary to prevent future disputes.

A VOIDABLE MARRIAGE remains legally valid unless and until a court annuls it. Possible grounds may include:

• Duress or undue influence.
• A material mistake about the identity of the spouse or the nature of the ceremony.
• Serious fraud affecting genuine consent to the marriage.
• Certain marriages involving a minor where legally required consent was not obtained.
• Limited pre-existing incapacity grounds recognised by law.

Not every lie, regret or relationship breakdown is grounds for annulment. In many cases, divorce remains the correct legal process.

WHAT ABOUT CHILDREN?

The rights of a child conceived or born during a voidable marriage are not affected by its annulment. The court must consider how the child’s rights and interests will be protected before granting the order.

A PUTATIVE MARRIAGE

Where an invalid marriage was entered into in good faith, the law may preserve certain legal consequences, particularly relating to property. This will depend on the circumstances.

Annulment applications are technical and highly fact-specific. Speak to the family-law team at Bill Tolken Hendrikse Inc. for advice based on your situation.

Tel: 021 002 5371
📍STELLENBOSCH
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This post provides general information and does not constitute legal advice.

04/09/2026

⚖️ CAN CHILD MAINTENANCE BE INCREASED OR REDUCED?

Life changes - but a maintenance order does not change automatically.

Maintenance may be increased when a child’s reasonable school, medical, living or extracurricular expenses rise, or when the existing contribution no longer reflects the child’s needs and the parents’ respective financial means.

A reduction may be considered following a genuine and substantial change, such as job loss, reduced income, serious illness, disability or retirement.

❗ Never stop or reduce payments without a court order. The existing order remains enforceable until it is formally changed or discharged by a court. Applying for a variation does not suspend your current obligations.

If your circumstances have changed, speak to our Family Law Department for professional advice.

Bill Tolken Hendrikse Inc. | Family Law

📍 Stellenbosch | Bellville
📞 021 002 5371 | 021 944 3000

🌐 www.billtolken.co.za

General information only. This post does not constitute legal advice.

20/08/2026

WHEN FAMILY CONFLICT COSTS A CHILD THEIR GRANDPARENTS

When relationships break down, grandparents can sometimes become unintended casualties - suddenly losing contact with a grandchild they have loved, supported and helped raise.

Grandparents do not have automatic contact rights, but section 23 of the Children’s Act 38 of 2005 provides a legal route to apply for contact with, or care of, a grandchild.

The court’s most important consideration is always:

What is in the best interests of the child?

The court may consider the existing bond, the grandparent’s involvement in the child’s life, the child’s age and views where appropriate, and importantly, why contact was stopped.

Where possible, mediation can also help families reach an agreement without putting a child in the middle of adult conflict.

If you are a grandparent being denied contact, getting legal advice early can help you understand your options.

Bill Tolken Hendrikse Inc. | Family Law
📍 Stellenbosch & Bellville
📞 021 002 5371 | 021 944 3000
🌐 www.billtolken.co.za

General information only. This does not constitute legal advice.

12/08/2026

YOU’RE NOT THEIR BIOLOGICAL PARENT - BUT COULD YOU STILL HAVE A DUTY TO SUPPORT THEM?

South African families don’t always fit into traditional boxes.

A stepparent may live with a child, contribute financially, pay school or medical expenses and become an important parental figure in that child’s life.

But what happens when the relationship ends?

Does a stepparent automatically have to pay maintenance?

Generally, no. A stepparent does not automatically acquire the same legal duty of support as a biological or adoptive parent simply by marrying or living with a child’s parent.

But the legal position can become more complicated where someone has actively assumed a parental role.

A recent 2026 Supreme Court of Appeal matter, B.E v N.T, arose from a dispute involving a stepfather who had played a significant emotional and financial role in a child’s life. While the SCA decision centred on whether an interim Rule 43 order was appealable, the case highlights an increasingly important question in modern family law: what happens when the reality of parenting extends beyond biology?

South African courts place the best interests of the child at the centre of matters involving children.

Every family is different, and questions involving stepparents, parental responsibilities and maintenance can be legally complex. The role you have played in a child’s life - and the legal arrangements that exist - may matter.

Stepparent? Blended family? Unsure where you stand legally?

Getting advice early can help you understand your rights and responsibilities before a dispute arises.

Bill Tolken Hendrikse Inc.
Family Law Department
Stellenbosch & Bellville
📞 021 002 5371 | 021 944 3000

03/08/2026

⚖️ WE’RE HIRING | SECOND YEAR CANDIDATE ATTORNEY – FAMILY LAW

📍 Bill Tolken Hendrikse Inc. | Stellenbosch

We are looking for a motivated Second Year Candidate Attorney to join our Family Law department at our Stellenbosch branch.

This is an opportunity for a candidate with a genuine interest in South African family law to gain meaningful, hands-on experience in a busy and established practice.

THE ROLE

Working closely with our Head of Department, you will gain practical experience across a broad range of family law matters and have the opportunity to run your own matters, including:

• Divorce litigation
• Maintenance disputes
• Care and contact matters
• Rule 43 applications
• Related trust and commercial law matters
• Court appearances, consultations, research and legal drafting

This is a practical, client-facing position with exposure to litigation from the ground up.

WHAT WE’RE LOOKING FOR

• Completed LLB degree
• Second-year Candidate Attorney
• Right of appearance in the Magistrate’s Court
• A genuine interest in family law
• Valid driver’s licence and own reliable vehicle
• Strong written and verbal communication skills
• Sound legal research and drafting ability
• Excellent attention to detail
• Ability to manage a demanding workload
• A professional, discreet and client-centred approach

WHAT WE OFFER

• Hands-on training under experienced family law practitioners
• Exposure to a varied and interesting caseload
• A supportive, collegial working environment
• A clear pathway towards admission as an attorney

📍 Position based at our Stellenbosch branch

HOW TO APPLY

Send your CV, covering letter and academic transcript to:

📧 [email protected]

Please use the subject line:
Second Year Candidate Attorney – Family Law – Stellenbosch

Know someone who would be a great fit? Please share this opportunity with them.

31/07/2026

Family isn’t defined by biology alone.

Many children in South Africa are raised by step-parents, grandparents, partners and other caregivers who play a vital role in their lives. The law is increasingly recognising that what matters most is the child’s best interests.

A recent High Court judgment confirmed that a non-biological caregiver may apply for contact, care and even joint guardianship where they have a genuine relationship with the child. Being biologically related is no longer the only factor the court considers.

If you’ve been a constant presence in a child’s life, keep records of your involvement. Daily care, financial support, school participation and medical decisions can all make a difference if a dispute arises.

Every family’s situation is unique. Getting legal advice early can help you understand your rights and the best way to protect your relationship with the child.

📍 Stellenbosch & Bellville
Tel: 021 002 5371 / 021 944 3000

If you need advice on parental rights, guardianship or family law, Bill Tolken Hendrikse Inc is here to help.

23/07/2026

Can a maintenance order be changed?

Life changes. Jobs are lost, salaries increase, children grow, and expenses change. South African law recognises this, which is why maintenance orders can be increased or reduced when there’s a significant change in circumstances.

One of the biggest misconceptions is that parents can simply agree to pay less or stop paying when finances become difficult. They can’t. A maintenance order remains legally binding until a court changes it.

Whether you’re seeking an increase because your child’s needs have grown, or a reduction because your financial circumstances have genuinely changed, the correct legal process is essential.

Most importantly, the court will always place the child’s best interests first.

If you’re unsure whether you qualify to apply for a variation of a maintenance order, get legal advice before making any changes to your payments.

📞 021 002 5371 | 021 944 3000
📍 Stellenbosch & Bellville

Address

1 Sarel Cillers Street
Bellville
7530

Opening Hours

Monday	08:00 - 16:30
Tuesday	08:00 - 16:30
Wednesday	08:00 - 16:30
Thursday	08:00 - 16:30
Friday	08:00 - 16:30

Website

http://www.billtolken.co.za/

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