Legal news and commentary from the offices of Simon Dippenaar
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 […]
We recently covered a story about a husband’s forfeiture of his right to his wife’s pension benefit on divorce, even though they were married in community of property, due to his complete lack of financial contribution to the marriage, compounded by his infidelity. In the case below, a forfeiture of pension rights was overturned on […]
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 […]
The payments can be used for rent, study or household essentials to help them start new lives. Reprinted from Sky News, by Tamara Cohen – 2024-01-09 Regular readers will know that we like to keep abreast of legal developments around the world as well as here in South Africa. Often we find that South African […]
Reclaiming your life after an abusive relationship Throughout 16 Days of Activism for No Violence Against Women and Children, we’ve been looking at breaking free of an abusive relationship. It’s shocking how many women live with abuse, sometimes for decades. The problem is not unique to South Africa. It is global, oblivious to social class […]
Planning for the future after leaving an abusive relationship Key points: Establishing a support network: The role of friends, family, and domestic violence support organisations Safety precautions when confiding plans Using prepaid phones and alternative internet access to maintain secrecy Legal considerations: Prioritising legal aspects, such as obtaining protection orders and understanding custody rights Securing […]
Let 16 Days of Activism this year be the last you spend in an abusive relationship Abusive relationships take many forms. We have written about the dynamics of abusive relationships and the signs of abuse. Abuse may be physical, emotional/psychological (gaslighting, controlling you), sexual, financial (restricting your access to funds or your ability to work), […]
Know the signs of abuse and don’t be afraid to seek help Despite the many initiatives and campaigns over the years aimed at ending gender-based violence in South Africa, we still bear the unwanted title of “rape capital of the world”. A Google search for statistics on gender-based violence yields disturbing results: “Between 25% and […]
Should I stay or should I go? Recognising narcissistic personality disorder and making an informed choice about your relationship Even the healthiest of relationships have their challenges, because humans are complex creatures and our emotional states are not always in sync with our partner’s. If you suspect your partner is a narcissist your situation may […]
High Court ruling spells changes to parental leave provisions in BCEA A landmark judgment was handed down by the South Gauteng High Court in Johannesburg within the last week, which heralds a significant change to the provisions for parental leave after the birth of a child in the Basic Conditions of Employment Act 75 of […]
