Read the latest legal news, updates and commentary from the offices of Simon Dippenaar & Associates.
Reprinted from timeslive.co.za, by Rorisang Kgosana – 2024-05-13 A father is in danger of losing custody of his children after pleading guilty to spanking them, saying he was unaware that chastisement was now regarded as a crime. The Centurion father, 36, is awaiting sentencing after admitting to the court that he hit his children, aged […]
When is a spouse not entitled to half a pension on divorce? A recent case challenged the matrimonial property regime “out of community of property without accrual”, because on divorce a wife was unfairly denied a share of assets she had helped to accrue through her unpaid contribution to the household (raising children, building her […]
What is an application to compel and when would you use one? Are you going through a hostile divorce and your spouse’s attorneys are not being completely transparent in the discovery phase? Do you think your employment has been wrongfully terminated but your employer is withholding documents you need to make your case? In these…and […]
Understanding the subpoena process in South African law Have you been summonsed to appear in court (subpoenaed) and give evidence in a trial? If so, you may be frightened, or at least a bit anxious. As lawyers, we attend court all the time. It’s a familiar environment for us. But we know that for the […]
Where law and culture intersect Muslim marriage has been in the news recently. In June 2022, the Constitutional Court declared the Divorce Act unconstitutional because it failed to recognise Muslim marriages that have not been registered as civil marriages as valid marriages. Parliament was ordered to rectify the legislation to comply with the Constitution within […]
Why and how to vary a divorce order When you divorce, the divorce order is a final and non-negotiable legal document…or is it? Are there circumstances in which you might want to vary a divorce order? And is it allowed in law? The answer to both these questions is “yes”, but certain conditions apply. Divorce […]
Children should not have to make the claim for themselves, says Supreme Court of Appeal Reprinted from GroundUp, by Tania Broughton – 2022-07-21 A parent can claim maintenance for adult dependent children from the other parent upon divorce, the Supreme Court of Appeal (SCA) has ruled. The judgment, penned by Acting Judge Pieter Meyer (with […]
Reprinted from Business Tech – 2022-05-12 The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country. The court judgement declared that Section 7(3)(a) of the Divorce […]
Trust-to-trust: Is a trust an option to ring-fence a maintenance obligation upon divorce? Reprinted from iol.co.za, by Phia van der Spuy – 2021-11-04 A trust has various uses. A trust is a useful tool to utilise in a divorce settlement whereby a divorce settlement can be transferred into a trust and be applied for the […]
Navigating co-parenting decision-making for major decisions When a married couple with a child or children divorces, they may both hold parental responsibilities and rights for their child. In many circumstances, they may each act without the consent of the other. This often happens when the child’s primary residence is with one parent, who is then […]
See our guides: Antenuptial Contract South Africa Guide 2026 Divorce Property Division in South Africa (2026): Estates, Assets & Accrual A fair regime, but how is the accrual calculated? No one marries intending to divorce. We’re sure that Bill and Melinda Gates would never have imagined, 27 years ago when they tied the knot, that […]
“Silver splitters” – what are the issues for later-life divorce? The average age for divorce in South Africa is 41 for women and 45 for men. 44% of divorces happen between five and nine years of marriage. But there is a growing trend for couples to divorce later in life, personified in the high-profile divorce […]
