Recognising Intimate Relationships: Civil Union Act and the Marriage Act
Within the South African context, our legal framework for recognising intimate relationships is unique. Our legislative framework offers various legislative pathways for couples to formalise their unions. The two most prominent Acts are the Marriage Act, 1961 (Act 25 of 1961) and the Civil Union Act, 2006 (Act 17 of 2006). Both Acts, while governing […]
Tackling Gender-Based Violence in South Africa
In 2025, the devastating impact of gender-based violence (GBV) in South Africa remains one of the country’s most pressing issues. Despite growing awareness through media and public discourse, violence against women and children continues to be a public health and human rights crisis. The United Nations (UN) defines GBV as “physical, sexual, or psychological harm […]
The Legal Recognition of Electronic Communications and Signatures under the ECTA
As digital technologies continue to evolve and integrate into everyday life, the application of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) has become increasingly significant in both the public and private sectors. The Act plays a pivotal role in shaping the legal framework for electronic communications and e-commerce in South Africa. The […]
Supporting Elderly Parents: The Legal Duty of Adult Children
We often focus our compassion on vulnerable children and their needs, but what about the elderly? In South Africa, too many parents spend their final years in destitution while their adult children live in comfort. This raises a difficult but important question: can parents claim maintenance from their children? The Law: A Reciprocal Duty of […]
A Closer Look at Maintenance Court Procedures in South Africa
Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]
Redefining Divorce Rights: Section 7(3) of the Divorce Act Struck Down by the Constitutional Court
In a significant legal development, the Constitutional Court of South Africa, on 10 October 2023, upheld a judgment from the High Court of Pretoria, declaring Section 7(3) of the Divorce Act as unconstitutional. This ruling has far-reaching implications for marriages entered before the commencement of the Matrimonial Property Act and has the potential to reshape […]
Contractual Consequences of Breaking Off an Engagement
Contrary to popular belief, an engagement is not a mere social agreement. South African common law recognises an engagement (or promise to marry) as a contract from which some contractual remedies may flow. The engagement contract is, however, a contract sui generis (of its own kind). Therefore, it gives rise to certain contractual remedies. If […]
Expert Family Law Services: Divorce, Child Maintenance, and Spousal Support
Facing the challenges of divorce, child maintenance, and spousal support can seem daunting, but there’s no need to go through it by yourself. The right expertise in these areas is crucial for securing outcomes that are fair and favourable to you. Specialised knowledge in family law is your key to receiving effective legal advice and […]
Should You Opt for a DIY Divorce in South Africa?
A DIY divorce in South Africa offers a cost-effective, simple option for uncontested cases but comes with risks like unfair settlements and asset division issues. This brief guide highlights the process, benefits, and potential pitfalls, underscoring the need for careful consideration to protect personal and family interests. Understanding DIY Divorce Can I do my own […]