Trusts and maintenance

Trust-to-trust: Is a trust an option to ring-fence a maintenance obligation upon divorce? Reprinted from, 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 […]

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Co-parenting: joint decision-making for your children

Co-parenting South Africa family law

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 […]

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Married out of community of property with accrual?

Married out of community of property with accrual? What does it mean if you divorce?

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 they’d one day be announcing their divorce to the world. If they had, they might have drawn up an antenuptial […]

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Silver splitters – grey divorce and the Gateses

SIlver Splitters - later life divorce

“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 […]

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“I co-parent with my ex, but he threatens me and expects sex”

It’s time to free yourself from your manipulative former husband, says Mariella Frostrup Reprinted from the Guardian – 2020-09-06 This reader’s dilemma from the UK’s Guardian newspaper caught our eye. It is not uncommon for divorced co-parents to continue in an emotionally dependent and unhealthy relationship. The constant contact of raising children can make it […]

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Online petition on evicting domestic abusers got court ruling wrong

Judges emphasise that procedural fairness must be upheld Reprinted from, by Tania Broughton – 2020-09-04 Three appeal judges in the Western Cape provincial division have laid down guidelines on how eviction orders, in domestic violence matters, should be dealt with. Photo: Brian Turner via Flickr (CC BY 2.0) A magistrate ruled that a husband accused of […]

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Average retainer fee for a divorce lawyer?

What is the average retainer fee for a divorce lawyer? Generally, the average retainer fee for a divorce lawyer should cover a number of hours so that the law firm can schedule and prioritise a new case. We recommend that you budget 10 to 20 hours as a start. The actual hourly rate will depend […]

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Divorce and your will

A little-known section of the Wills Act can have serious consequences The High Court of the Western Cape recently heard a case challenging the constitutionality of Section 2B of the Wills Act. The wording of the Act itself is confusing, so we’ll try to explain it in simple terms. If you are going through a […]

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How to start a divorce

You want to get a divorce but aren’t sure where to start or what to do     You want to start a divorce. It’s a frightening prospect. You entered married life full of hope, and the breakdown of your marriage is inevitably sad and disappointing. But ending it and starting again is daunting, which […]

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