Family Lawyers

16/06/2024

https://familylaws.co.za/addressing-school-child-bullying-south-africa-legal-ramifications-restorative-justice/

Explore the comprehensive approach to addressing child bullying in South Africa, focusing on legal ramifications and restorative justice. Learn about the role of the South African Schools Act, legal liabilities for schools, and the Child Justice Act’s rehabilitative measures.

27/01/2024

Unveiling the Intricacies of Divorce Law: Dive into our latest article titled 'Infidelity, Abuse, and Forfeiture: Behind the Gavel' – a detailed exploration of the M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024) case. Discover how personal conduct, ranging from infidelity to abuse, and the rules of forfeiture, intricately weave into the final judgments of South African courts. This insightful piece sheds light on the complexities and emotional nuances of matrimonial disputes, offering valuable lessons for both legal professionals and individuals navigating these challenging waters. 🇿🇦 "

Discover the pivotal role of personal conduct and forfeiture in shaping divorce outcomes through an in-depth analysis of a South African family law case. Understand how spousal behaviour, abuse and infidelity impacts asset division and court judgments in matrimonial disputes.

25/01/2024

Court makes a monumental decision in B.M.G.S v M.B.S, sentencing a mother to 12 months for contempt in a family law dispute. This ruling emphasises the importance of a child's best interests and the gravity of respecting court orders. Demonstrating the judiciary's commitment to safeguarding children's welfare. Explore the implications of this landmark judgment in our latest blog. "

Explore the insightful analysis of the B.M.G.S v M.B.S case by Justice Phahlane, focusing on the best interests of the child in family law. Discover how this landmark judgment emphasizes the enforcement of court orders and the pivotal role of parental rights and responsibilities in the South African...

25/01/2024

In the ever-evolving world of family law, the case of D.J.H. v A.H stands as a beacon, illuminating the complexities of child relocation disputes. Our latest blog post dives deep into this landmark case, unraveling its implications for families and legal practitioners in South Africa. From intricate legal arguments to the paramount importance of a child's best interests, this case study is a must-read for anyone interested in the nuances of family law. Join us in exploring this pivotal judgment and its impact on our legal landscape. .J.H.vA.H "

Explore the complexities and implications of child relocation in South African family law through the lens of the landmark case D.J.H. v A.H [2023] ZAECMKHC 139. Our comprehensive analysis delves into the legal intricacies, court judgments, and the paramount consideration of a child's best interests...

16/12/2022

In an earlier article we mentioned a landmark case, due to be heard by 3 Judges in the Cape High Court on 20 January 2023. In the application, akin to a Rule 43 application, the Applicant will seek that, pending the final determination of an action in which she claims against the Respondent for the provision of her reasonable maintenance needs, insofar as she is not able to provide therefor from her own means and earnings, following the termination of their permanent opposite-sex life-partnership (“the pending action”), the Respondent be ordered to maintain the Applicant in the interim and to make an initial contribution towards her costs in the pending action. This article is one of a four part series.

Many partners, predominantly women, are left destitute and without legal recourse when their life-partnership (Common Law Marriage) terminates. This issue affects a substantial number of South Africans.

08/11/2022

We launched the first ever application in SA, to be heard by 3 Judges in the Cape High Court for an order to award an unmarried woman interim maintenance, thereby extending the SA common law to assist women who are not married and who live with someone in a cohabitation relationship. Read at:

A landmark application was set down to be heard before three Judges in the Cape High Court on 28 November 2022. The Applicant will seek interim maintenance and a legal cost contribution against her partner for the provision of reasonable maintenance following the termination of their permanent oppos...

05/10/2022

Family Conflict and how to handle it, Nicole Martin Family Law Attorney and Mediator discusses the topic on Expresso TV.

Connect With Online:Website: http://www.expressoshow.com/FACEBOOK: https://www.facebook.com/expressoshow...TWITTER: https://twitter.com/express...

05/10/2022

In a case in the Gauteng High Court recently, the court ordered a forfeiture of assets. Read at:

In a recent case, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to adultery.

24/07/2022

https://familylaws.co.za/supreme-court-rules-you-can-claim-maintenance-for-children-older-than-18-years/

The Supreme court of appeal recently ruled that a parent of an adult dependent child do have locus standi in terms of section 6 of the Divorce Act 70 of 1970 to claim maintenance from other parent for and on behalf of adult dependent child of their marriage upon their divorce.

26/06/2022

Did you know, that if your ex spouse or partner doesn't pay child maintenance that you can attach his Pension Fund, RA or Provident Fund. New legislation is also on the cards which will allow you to attach a pension fund as security for future arrears. Read here: https://familylaws.co.za/arrear-maintenance-attaching-pension-funds/

Attorneys who specialize in Divorce Law and Family Law Attorneys in Cape Town South Africa. Leaders in Divorce and Family Law. Headed by Bertus Preller one of Cape Town's most formidable divorce attorneys.

25/06/2022

In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5 million from his wife by setting up an offshore trust and repaying a loan to his father. The Supreme Court of Appeal ruled in favour on his wife’s behalf as said this seemed like strange timing. https://familylaws.co.za/hiding-assets-divorce