Latest posts

Forfeiture v2

If You Cheat, You Could Forfeit!

Forfeiture of Patrimonial Assets in terms of Section 9 of the Divorce Act & Upholding the Sanctity of the Contract In a recent decision handed down in the Johannesburg High Court, N v N (Case No.: 9417/2019), a husband’s claim that his wife should forfeit her share of the joint estate was dismissed and with […]

EX-SPOUSES AND MAINTENANCE 2

Arrear Spousal and Child Maintenance

Is ignorance really bliss? Based on a recent decision by the Supreme Court of Appeals (‘’SCA’’), in the matter of Arcus v Arcus, errant ex-spouses who ignore and neglect to pay arrear maintenance, are cautioned, as the liability does not prescribe in 3 years, as displayed in dramatic irony in the Arcus matter.

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Customary Marriages – Lobola and Ante-Nuptial Contracts

Probably because it was either an afterthought or you did not realise that after the lobola negotiations and traditions are concluded, that it means, in the eyes of the law, you are legally married.

Cherry-Singh Anglican Judgement

When a Lease is Validly Terminated, It’s Terminated!

Cherry-Singh achieved an outstanding victory for the Anglican Church: Johannesburg Diocese, in evicting Dragon City Management (PTY) Ltd and Anchor Projects (PTY) Ltd from their Mayfair properties. They then launched 3 separate Applications for leave to Appeal, all of which were dismissed with costs, awarded in the Church’s favour.

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To litigate or not to litigate, that is the question

What is Litigation exactly?

Litigation entails parties airing their respective evidence, either in person or by way of affidavit, in a court of a law where a presiding officer, either judge or magistrate, will then make a decision in favour of one of the parties.

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Children in the litigation process

‘’A person’s a person, no matter how small.’’ – Dr Seuss

Disputes are becoming an increasing part of everyday life. Often an offended party thinks that the only way to obtain ‘’justice’’ would be duke it out in court until an order is made in their favour.

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Antenuptial Contracts

When what’s yours is yours and mine is mine but sometimes it can also be ours?

In South African Law, there are two matrimonial regimes that apply to parties who enter into a Civil or Recognized Customary Marriage. These regimes are regulated by the Matrimonial Property Act, 84 of 1988 (‘’MPA’’).

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The Green Paper on Marriage in South Africa, A Much Ado-About Nothing for Now

On 4 May 2021, the Minister of Home Affairs, Dr Aaron Motsoaledi published the Green Paper on Marriages in the Government Gazette, inviting interested members of the public to comment on its contents.

The Good …

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