Read the latest legal news, updates and commentary from the offices of Simon Dippenaar & Associates.
Know your rights Weeks after the first Olympic Games in history to achieve gender parity and some stellar performances by women athletes in Paris, the world was shocked by the death of Ugandan marathon runner Rebecca Cheptegei, who was set alight by her boyfriend in Endebess, Kenya. Cheptegei is the fourth female athlete to be […]
What to do with the marital home on divorce – Section 57 of the Deeds Registries Act When a couple divorces, there may be debates about who keeps or continues to live in the matrimonial home. Once the emotional and practical issues are resolved, there is still a legal matter to attend to. Ultimate ownership […]
This Father’s Day/Youth Day, we reflect on fatherhood and young fathers Father’s Day coincides with Youth Day this year, and this provides an opportunity to reflect on the role…some would say plight…of young fathers, over 90% of whom are unmarried and not living with the mother of their child, as well as on the rights […]
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 […]
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 […]
Unmarried needn’t mean unprotected We write a lot about the financial consequences of divorce, which is to be expected as we are divorce lawyers. But we are also family lawyers, and families come in many different shapes and sizes. Sometimes our role is to help keep families together, or to help people navigate issues they […]
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 […]
Why you need to appoint a legal guardian for your children in your will If you have children, you need a will. If you die without a will, this is known as dying intestate or in a state of intestacy. Nearly 75% of South Africans die without having a valid will. If this happens, your […]
If your matter is part of a broader cross-border divorce (foreign spouse, service abroad, children or assets overseas), start here: International Divorce in South Africa. The Children’s Act allows children to be relocated after divorce – but only with consent The mid-year school break and winter holiday is nearly upon us. For divorced families it […]
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 […]
