Adam Mitchell Attorney

23/02/2015

Going through a ? contact us at [email protected]

23/02/2015

who obstruct in child custody matters watch out! A recent Judgment of the Supreme Court of Appeal of South Africa, handed down on 12 2014, has given clarity to the legal requirements for unmarried fathers to acquire parental responsibilities and rights in respect of a minor child according to the Children's Act No. 38 of 2005. costs were ordered against a parent who the court found to have taken an obstructive approach to the litigation.

23/02/2015

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The latest Tweets from Adam Mitchell Law (). Adam Mitchell is a senior specialising in divorce and family law cases throughout South Africa and internationally, focusing on the financial aspects. Durban, South Africa

23/02/2015

Getting ? Beware your - contract … A of the Supreme Court of Appeal of South Africa has recently ruled that vague, inconsistent and incoherent terms in an Ante-nuptial contract can result in spouses, who believe they are married out of community of , finding themselves being married in community of property. Ouch!

17/02/2015

Changing the face of in South Africa altogether … In a Judgment handed down in the High Court of South Africa on 16 April 2014, Justice J Cloete highlights “the absurdity of the effect of the current scheme” in South Africa and calls for legislative reform to bring our Matrimonial Property Law in line with the . Has anyone listened to Her Ladyship?!

16/02/2015

Which is right when it comes to the question of trusts in divorce claims? The question about whether, in South African divorce cases, assets belonging to a trust may be taken into account in the accrual calculation merely on the basis that they are the “alter ego” of a husband or wife, and how these claims should be approached, needs to become settled in our law by the Court of . handed down recently by our High Courts across provinces have added further uncertainty to conflicting authorities.

16/02/2015

getting may want to consider opting for a settlement and meeting halfway before it's too late! Authorities differ in divorce cases about when the effective date arises for determining values in the accrual calculation. A Judge in the South High who recently held that the effective date is the date of divorce, has granted leave to appeal against her judgment, so while conflicting authorities have left , differences of opinion will soon be settled by the Supreme Court of Appeal. The SCA's decision will have a major bearing on these types of claims in divorce cases and could swing in either direction. We await the outcome with bated breath…”

12/02/2015

Adam Mitchell is a senior specialising in divorce and family law cases throughout South Africa and internationally, focusing on the financial aspects of larger divorce matters including claims against trust assets in a divorce by a husband or wife.

In 2013 Adam his practise with the firm Thomson Wilks Inc and is responsible for having established their office which he presently heads up as Thomson Wilks (Durban) incorporating Adam Mitchell Attorneys. He is well renowned as a specialist in his field and he has appeared in television , including “Carte Blanche” and “Rights and