ConCourt Recognition of Muslim Marriage a Victory for Women and Children’s Rights

ConCourt Muslim Marriage

Reprinted from Mondaq, by Aslam Moosajeeand Shenaaz Munga – 2022-08-03 On 28 June 2022, the Constitutional Court, in Women’s Legal Centre Trust v President of the Republic of South Africa and Others, held that the non-recognition of Muslim marriages infringes upon the rights of Muslim women and their children to dignity, equality, access to courts and the best interests […]

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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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Customary marriages

Married under customary law South Africa

Hayi bo! Are we married or not? Most couples know if they are married. They have held a wedding and invited friends and family, often at great expense. Or they have taken two witnesses and visited their local Department of Home Affairs for a simple ceremony. There should be no uncertainty about the answer to […]

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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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Jane Monckton Smith: ‘Domestic abuse isn’t a row. It’s when one person has become a threat to another’

Image of Jane Monckton Smith

Reprinted from the Observer. By Andrew Anthony – 2021-02-21 Jane Monckton Smith: ‘The clues are very often in what the person says about themselves.’ Photograph: Gareth Iwan Jones Photographer/Gareth Iwan Jones for The Observer The author and professor of public protection on the red flags of coercive control and how courts should change to give abuse […]

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Do children benefit from divorce?

Image depicting a mother and daughter

It may sound odd, but children can benefit from their parents’ divorce Much has been written about the damage caused to children by divorce, but is there another side to the story? Are there ways in which children benefit from divorce? Experts believe they can and do. Let’s look at some of the ways divorce […]

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