Society at large seems to harbour the idea that our law is still based on the common law fault principle. In terms of the Common Law, adultery and malicious desertion were initially the only two grounds for a divorce. In 1979 the divorce law was reformed by the introduction of two new acts, being the …
What are the Grounds for a Divorce under South African Law? Read More »
SUMMARY The Children’s Act 38 of 2005 (hereinafter the Children’s Act) governs the laws, as they relate to the care, contact and protection of children.[1] The rights of access for grandparents and third parties are governed by Sections 23 and 24 of the Children’s Act. Parents of children born in wedlock enjoy automatic Parental Responsibilities …
A GRANDPARENT’S RIGHT TO ACCESS AND DUTY TO SUPPORT Read More »
In terms of Section 16(1)(b) of the Maintenance Act, 99 of 1998 (“the Maintenance Act”), the maintenance court may – in the case where a maintenance order is in force: (i) Make a maintenance order in substitution of such (existing) maintenance order; or (ii) Discharge such maintenance order. In the matter of M v M …
Need to apply for a Variation or Discharge of a Maintenance Order? Read More »
What is Maintenance? Maintenance is the obligation to provide another person, such as a minor child, with housing, food, clothing, education and medical care. Who has the Duty to Maintain? A biological father (married or unmarried), a mother, blood relative or adoptive parent have the duty to maintain a minor child. …
Maintenance: Who has the duty to support and how do you go about enforcing such a duty? Read More »
The Children’s Act 38 of 2005 (“The Act”) provides for the acquisition of Parental Responsibilities and Rights by unmarried fathers. Prior to the Act coming into effect unmarried fathers would have to apply to court in order to acquire rights in respect of their minor children, however, the Act allows for some unmarried fathers …
The Acquisition of Responsibilities and Rights by Unmarried Fathers. Read More »
Rule 41A of the Uniform Rules of Court (“the Rule”) requires litigants to consider mediation prior to instituting an action or launching an application. The Plaintiff/Applicant is compelled by Sub rule (2)(a) to serve a Notice in terms of Rule 41A, stating whether the Plaintiff/Applicant consents or opposes the matter to be referred for …
See the reportable case of McWilliams v McWilliams and 2 others in which the court found that a cost contribution awarded in Rule 43 proceedings constitute maintenance. As a result thereof, the exception created by section 37D(1)(d)(iA) of the Pension Funds Act to allow for a deduction in terms of a maintenance order would also …
Does a costs contribution order in terms of Rule 43(1)(b) constitute maintenance? Read More »
