In South Africa, cohabitation has become more common over the past number of years and it is believed that the number of cohabitants increases by almost 100% each year. Unfortunately, men and women and same sex partners living together do not have the same rights and duties as married couples do. Contrary to popular belief, this is the case regardless …
The benefits of shared residency by Nicki Macartney (attorney and mediator)
It is no secret that divorce and separation can and often do have a detrimental impact on children. Shuffling kids between houses and dividing up holidays is already a difficult task, having to go through these motions with someone whom you could not stand to be married to makes it even harder. Studies have however shown that having children live …
Domestic violence by Greta Eiser (Attorney)
Domestic violence is a systematic pattern of controlling, coercing and violent behaviour intended to punish, abuse and ultimately control the thoughts, beliefs and actions of another. It is about power and control. It includes emotional, physical, verbal, sexual and financial abuse. In public, the abusers may appear friendly and loving to their partner and family. They often only abuse behind …
Expert profile – Zerita Du Preez (Attorney)
Zerita du Preez completed her BA Law & LLB at the University of Pretoria. Zerita is an admitted attorney with right of appearance in the High Court. From the start, Zerita began focusing on Family law and through her work wanted to ease the process for all parties involved. So often the divorcing couple get caught up in the divorce …
Maintenance matters Part 2 by Nina Mensing (mediator)
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 …
