Estate Planning in a Second Marriage: What a Will Alone Cannot Resolve
A second marriage introduces a layer of legal and financial complexity that most couples underestimate. When both parties bring children, assets, and, in many cases, prior divorce settlements into a new union, the standard estate planning question shifts from “who gets what?” to “what does the law say happens first?” The answer depends heavily on […]
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 […]
Does My Maiden Name Automatically Change if I Get Married in South Africa?
Marriage is a significant milestone in one’s life, bringing with it a multitude of changes and decisions. One such decision that often arises is whether to change one’s maiden name after tying the knot. In South Africa, as in many other countries, there are legal and personal considerations to contemplate when it comes to changing […]
Navigating Antenuptial Agreements in South Africa: Your Questions Answered
Getting married marks an exhilarating period filled with thoughts of potential venues, wedding attire, and your future living arrangements. However, it’s crucial to allocate time for contemplating an antenuptial agreement (AN). This legal document is vital for dictating the management of assets and finances within a marriage. In South Africa, the default assumption is that […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA 609 […]
Separated or divorced parents are now allowed to move their children between houses during the COVID-19 Lockdown
The Minister of Social Development Separated parents have announced that separated parents are now allowed to move their children between houses during the COVID-19 lockdown, provided they meet certain legal requirements. Government had up to now been unclear about the issue. Children had to remain with one parent throughout the lockdown period and movement between […]