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Category: Family Law

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Family Law

Family Law Services

Family Law is a phrase that is commonly used when referring to the legal field that regulates and resolves family relationships and disputes and, a family attorney is similarly an attorney that specialises in assisting parties to regulate and resolve their family relationships and disputes, even by referring these matters to court on behalf of their clients.

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Family Law

A Guide to Surviving Divorce

Divorces are generally characterized by the absence of communication, financial insecurity, feelings of loss, and above all, high incidents of overt conflict. To make matters worse, the parties will now have to immerse themselves in legal proceedings for which they neither have the emotional appetite nor the required experience. This is your guide to Surviving Divorce.

Family Law

Spousal Maintenance in South Africa

Spousal maintenance is the obligation to provide a spouse or previous spouse with housing, food, clothing, education, and even medical care or at least contribute to such spouse’s living expenses.

Family Law

Child Maintenance in South Africa

The common law obligation by parents to maintain their children has been bolstered by the provisions of the Children’s Act 38 of 2005, which clearly states that parents, whether in a relationship or not, must make the necessary financial contributions to the care, upbringing, and development of their children.

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Family Law

Antenuptial Agreements

Couples very seldom busy themselves with the unpleasant thoughts of divorce and death at the dawn of their married life, and are more often than not, forced to endure the dire consequences of their naivety, especially in light of the fact that almost forty percent of all marriages end in divorce.

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Criminal Law

Domestic Violence – can the law help you?

The Domestic Violence Act introduced a user-friendly mechanism to protect victims in the form of an application for a protection order. Any person who believes that he/she may be the victim of domestic violence may approach the magistrates’ court in his/her area for assistance.

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Family Law

Interim Maintenance

Spouses are, more often than not, left in a financial lurch during divorce proceedings, which as we all know, may take months or even years

Marriage Ceremony
Family Law

Marriage in Community of Property

All assets and liabilities of the prospective spouses, whether in existence before the marriage or obtained or incurred thereafter, will subsequently form part of the joint estate of the spouses. Certain exceptions to this rule exist, for instance where an asset is specifically excluded from a joint estate by the last will and testament of a deceased parent.

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Family Law

Marriages Excluding the Accrual System

Where the accrual system is specifically excluded, neither spouse will have any claims against the estate or assets of the other even during divorce proceedings. Spouses will be entitled to manage and control their estate without any interference by the other spouse and will also be able to bequeath their assets to any person in terms of a valid last will and testament.