Divorce Attorney

https://familylaws.co.za/addressing-school-child-bullying-south-africa-legal-ramifications-restorative-justice/

ADDRESSING CHILD BULLYING AT SCHOOL IN SOUTH AFRICA: LEGAL RAMIFICATIONS AND RESTORATIVE JUSTICE. - Family Laws South Africa Explore the comprehensive approach to addressing child bullying in South Africa, focusing on legal ramifications and restorative justice. Learn about the role of the South African Schools Act, legal liabilities for schools, and the Child Justice Act’s rehabilitative measures.

Unveiling the Intricacies of Divorce Law: Dive into our latest article titled 'Infidelity, Abuse, and Forfeiture: Behind the Gavel' – a detailed exploration of the M.F.B v J.B case. Discover how personal conduct, ranging from infidelity to abuse, and the rules of forfeiture, intricately weave into the final judgments of South African courts. This insightful piece sheds light on the complexities and emotional nuances of matrimonial disputes, offering valuable lessons for both legal professionals and individuals navigating these challenging waters. 🇿🇦 "

Infidelity, Abuse, and Forfeiture: Behind the Gavel - Deciphering the Role of Personal Conduct in Divorce Outcomes in South African Courts. - M.F.B v J.B (5674/2016) [2024] ZALMPPHC 7 (24 January 2024). - Family Laws South Africa Discover the pivotal role of personal conduct and forfeiture in shaping divorce outcomes through an in-depth analysis of a South African family law case. Understand how spousal behaviour, abuse and infidelity impacts asset division and court judgments in matrimonial disputes.

In a landmark ruling, Justice Phahlane has set a new standard in family law. In the case of B.M.G.S v M.B.S (2024), a mother was sentenced to 12 months for contempt of court, signifying a bold enforcement of legal orders in cases concerning children’s welfare. This pivotal decision underscores the critical importance of adhering to court directives, especially when the best interests of the child are at stake. It's a powerful reminder that the legal system is dedicated to protecting the rights of the most vulnerable. Join us in discussing the far-reaching implications of this groundbreaking ruling for family law in South Africa. .

Justice Prevails: A Landmark Twelve-Month Sentence Upholding the Child's Best Interests. - B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024). - Family Laws South Africa Explore the insightful analysis of the B.M.G.S v M.B.S case by Justice Phahlane, focusing on the best interests of the child in family law. Discover how this landmark judgment emphasizes the enforcement of court orders and the pivotal role of parental rights and responsibilities in the South African...

We launched the first ever application in SA, to be heard by 3 Judges for an order to award an unmarried woman interim maintenance, thereby extending the SA common law to assist women who are not married and who live with someone in a cohabitation relationship. Read at: https://familylaws.co.za/interim-maintenance-unmarried-partner-in-permanent-opposite-sex-life-partnership/

Interim Maintenance for an Unmarried Partner in a permanent opposite-sex life-partnership. - Family Laws South Africa A landmark application was set down to be heard before three Judges in the Cape High Court on 28 November 2022. The Applicant will seek interim maintenance and a legal cost contribution against her partner for the provision of reasonable maintenance following the termination of their permanent oppos...

In a case in the Gauteng High Court recently, the court ordered a forfeiture of assets. Read at:https://familylaws.co.za/cheating-wife-forfeits-benefits-in-divorce/

Cheating wife forfeits benefits in divorce. - Family Laws South Africa In a recent case, in the Gauteng High Court, Makhoba J ruled that the wife forfeited her share of the communal estate due to adultery.

https://familylaws.co.za/supreme-court-rules-you-can-claim-maintenance-for-children-older-than-18-years/

Supreme Court of Appeal Rule that you can claim maintenance for your children older than 18 years. - Family Laws South Africa The Supreme court of appeal recently ruled that a parent of an adult dependent child do have locus standi in terms of section 6 of the Divorce Act 70 of 1970 to claim maintenance from other parent for and on behalf of adult dependent child of their marriage upon their divorce.

In a wealthy Durban businessman's divorce case, it was found that he had tried to hide R5.5 million from his wife by setting up an offshore trust and repaying a loan to his father. The Supreme Court of Appeal ruled in favour on his wife’s behalf as said this seemed like strange timing. https://familylaws.co.za/hiding-assets-divorce

https://businesstech.co.za/news/lifestyle/585980/new-court-ruling-has-massive-implications-for-marriage-and-divorce-in-south-africa/

New court ruling has massive implications for marriage and divorce in South Africa The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country.

https://familylaws.co.za/maintenance-orders-prescribe-after-30-years/

Man ordered to pay R3 million in maintenance 29 years after divorce - Family Laws South Africa According to a recent judgment in the Supreme Court of Appeal, Acting Justice John Smith, ruled that a maintenance order is a “judgment debt” in terms of the Prescription Act and this means that a maintenance order will only “prescribe” 30 years after the order is made and not three years.

https://familylaws.co.za/cohabitation/cohabitation-living-together/

Be careful, living together may cost you half of your assets when you breakup. - Family Laws South Africa Case law in South Africa has far reaching consequences for unmarried couples who live together in cohabitation.

https://www.youtube.com/watch?v=P1uxj1eHrPE

CT mother sentenced to weekend jail We bring the story of a Cape Town mother who will be spending her weekends behind bars for the next 12 months. This, after a judge sentenced her to spend eve...

Interesting case about a child relocation from South Africa to New Zealand. In the context of the child’s best interests, the applicant explained her motives to relocate as being potentially better schooling, tertiary education and employment opportunities for the child in NZ, the child’s general safety, the quality of life, free education and healthcare offered in New Zeeland and the high unemployment rate in South Africa. https://www.divorcelaws.co.za/relocation-child-south-africa-new-zealand.html

Domestic Violence and Gender-Based Violence (GBV) in particular – is possibly the greatest societal plague of modern-day South Africa. In reaction to the scourge of Domestic Violence, government not too long ago begun steps to improve the laws regulating GBV and the procedures for getting protection orders. This incorporated launching the Domestic Violence Amendment Bill [B20-2020] https://www.divorcelaws.co.za/gbv-domestic-violence.html

Domestic Violence Amended Bill Government not too long ago begun steps to improve the laws regulating GBV and Domestic Violence in South Africa and the procedures for getting protection orders. This incorporated launching the Domestic Violence Amendment Bill [B20-2020].

South Africa has one of the highest incidences of domestic violence in the world. And, sadly, domestic violence is the most common and widespread human rights abuse in South Africa. Every day, women are murdered, physically and sexually assaulted, threatened and humiliated by their partners, within their own homes. Organisations estimate that one out of every six woman in South Africa is regularly assaulted by her partner. In at least 46 per cent of cases, the men involved also abuse the children living with the woman.

Domestic Violence and Abuse - Divorce Attorney Cape Town A video about creating awareness on domestic violence in relationships in South Africa. The various forms of abuse, physical abuse, mental abuse, stalking an...

According to divorce data published in March 2021 there were in 23 710 divorces. More women (53,2%) compared to 8 210 (34,6%) men initiated divorce proceedings.The number (23 710) indicates a decline of 1 574 (6,2%) divorces from the 25 284 cases handled in 2018. https://www.divorcelaws.co.za/divorce-statistics.html

Divorce Statistics in South Africa Information on the divorce rate in South Africa, divorce statistics in South Africa.

Want to hide your assets in a trust to stop your spouse from claiming them? Be careful. https://www.divorcelaws.co.za/hiding-assets-trust.html

If your ex partner of spouse has shared revealing or intimate photos or videos of you, or is threatening to share them, after your separation or divorce there are steps you can take to interdict him/her and you can obtain a court order to force your ex to handover all digital devices under his/her control in order for a forensic expert appointed by you to identify and permanently remove from any such devices any photograph, video, audio and or records relating to the you. https://www.divorcelaws.co.za/interdict-intimate-photos.html

Interdict Intimate photos What can you do if your ex spouse or partner threaten to share intimate photos or videos of you on social networks after your relationship has ended.

Researchers argue that numerous lawyers engaging in Parental Alienation cases lose their professional objectivity as they end up too emotionally engaged with their clients. They contend that many of these lawyers attempt to rescue their clients and take on the fights as their own personal feud, while others get secretly hostile and ambivalent about representing their clients. https://www.divorcelaws.co.za/alienating-children.html

https://www.timeslive.co.za/news/south-africa/2021-03-05-one-year-of-covid-19--divorces-on-the-rise-during-pandemic-say-lawyers/

ONE YEAR OF COVID-19 | Divorces on the rise during pandemic, say lawyers In a year of Covid-19 in SA, close proximity, financial pressures and even home schooling have hit couples hard and left relationships 'ruptured', according to lawyers.

https://businesstech.co.za/news/lifestyle/470304/how-government-wants-to-change-marriage-laws-in-south-africa/?fbclid=IwAR2yuhp3UkLKrA2ZaAufydAHbO_-pJEs55ndww9TzcOGllR1fwURzbvnn4M

How government wants to change marriage laws in South Africa The South African Law Reform Commission (SALRC) has called for comments on its discussion paper focusing on a single marriage statute for South Africa.

“Relationship with a narcissist in a nutshell: You will go from being the perfect love of their life, to nothing you do is ever good enough. You will give your everything and they will take it all and give you less and less in return. You will end up depleted, emotionally, mentally, spiritually, and probably financially, and then get blamed for it.”
— Bree Bonchay