What is maintenance and how it is calculated: All children have a right to be financially supported by both parents. Maintenance is something that has to be negotiated and agreed on in every divorce, or separation, when there are children involved. Contrary to popular belief, maintenance is not a 50/50 split between the parents. It is a little more complicated …
Can I sue my ex’s lover by Noa Kinstler (Attorney)
A common question that arises in practice is “can I sue my ex’s lover?” Prior to 2015 the answer was in the affirmative, that is, an innocent party was able to sue a third party for alienation of affection and damages in respect of loss of consortium and infliction of contumelia (dignity). The two causes of action that were used …
Q and A with Belaine Paslovsky (attorney)
Prior to addressing the questions hereunder, I hereby make a disclaimer that whatever I write hereunder must not and can not, in any way be construed as legal advice, legal opinion or an answer. Rather, I am simply enunciating general principles of law and thereby attempting to guide you in the correct direction. QUESTION 1 “How do I apply for …
Maintenance matters by Nina Mensing (Divorce mediator and counsellor)
What is maintenance and how it is calculated: All children have a right to be financially supported by both parents. Maintenance is something that has to be negotiated and agreed on in every divorce, or separation, when there are children involved. Contrary to popular belief, maintenance is not a 50/50 split between the parents. It is a little more complicated …
Duty of support between grandparents and grandchildren by Noa Kinstler (Attorney)
I have recently in my practice received several queries as to the duty of grandparents to maintain and support their grandchild. There are situations where the father or the mother are genuinely unable to contribute financially to the support and maintenance of the child. This cannot be possibly the end of the road. The overall rule is that there is …
Q and A with Megan Harrington-Johnson (Attorney)
Question: My boyfriend and I have a child together. He is not part of our life and is actually denying paternity. I would like to claim maintenance. How would I go about to do this? Claiming Child Maintenance from Unmarried, Recalcitrant Father. The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act …
Divorce options – choose wisely by Nicki Macartney (Family attorney and mediator)
Getting divorced is probably one of the most difficult experiences a person could go through, on the grief scale the experience is right up there with the death of a loved one. Having said that, you do have some control over the situation, control being the choice as to which way you are going to end your marriage. There are …
Guardianship, care (custody) and contact by Noa Kinstler (attorney)
Guardianship In terms of the Children’s Act of 2005 guardianship is defined is in the narrower sense being the parents’ control and administration of the child estate and capacity to assist or represent the child in legal proceedings. Section 18(3) of the Children’s Act 2005 defines guardianship as follows: “(a) administer and safeguard the child’s property and property interests; (b) …
What if my husband controls the money and I am unable to afford expensive litigation by Noa Kinstler (attorney)
Divorce litigation can become fairly expensive, especially if the value of the parties’ estates need to be determined and disputes arise in terms of the division of the assets. The parties are obliged to produce substantial amount of evidence including expert evidence in order to enable the Court to properly adjudicate on the issues. This leads to many legal hours …
Parental Alienation by Nicki Macartney, attorney and mediator
What children want and need while their parents are going through a divorce is to maintain healthy and strong relationships with BOTH of their parents. They need to be shielded from their parents’ conflicts. Some parents, however, create an expectation that children choose sides and this expectation is commonly referred to a parental alienation syndrome. Parental Alienation can be defined …
