Under the old dispensation, where parties were divorced, one parent (usually the mother) would usually be awarded custody of a minor child and the other parent (usually the father) would be entitled to visitation rights. The custodian parent would be vested with making all of the day-to-day decisions of the minor child including which school […]
Category: Family
Who pays for the child after divorce?
When couples divorce it’s often the children that feel the brunt of it. Sometimes it’s the other person in the relationship that suffers economically. Hence the reason there’s a legal duty towards maintenance after divorce, which is an obligation to provide for another person. A child of a divorced couple, for example, may need help […]
Let your child study law
On 1 August 2013 PPS released the latest results of the South African Legal Services Survey. Of the legal professionals, including 423 attorneys, who participated in the survey, only 52% had confidence in the efficiency of the court and judicial administrative system. Speaking to colleagues, horror stories are plentiful. Stories of civil court files gone […]
Compensation for a fatal holiday resort accident
Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was the breadwinner of the family. The family decided to take a vacation in Sun City, which ended tragically when Nathan was fatally injured on a Valley of the Waves […]
Can a parent claim maintenance from their child?
When the word “maintenance” is mentioned, many people think of women claiming maintenance for minor children, or alternatively, women claiming maintenance from their ex-husbands. However, parents also claim maintenance from their adult children. Mike Larry received a summons from the Maintenance Court to appear three weeks later for a maintenance matter, however Mike had no […]
Do I need an Antenuptial contract before marriage?
An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: 1. Preventing your intended marriage from automatically being in community of property 2. […]
Did your child use your credit card online?
Perhaps, you left your credit card lying around and your child thought it was a good idea to use it for online games. You’ve lost a lot of money as a result, so you’ve decided to cancel the online contracts. Are the contracts entered online by minors, using their parents’ credit cards, legally binding? What […]
What is the role of the Family Advocate?
The Family Advocate has many duties but in the context of Divorce Law, they are mostly consulted for making sure that all Parenting Plans and divorce Consent Papers are in the best interest of any minor children involved. The public can, however, also have access to the Family Advocate and it is important to note […]
Entertainment at your local restaurant or nursery: Who bears liability for your child’s injury?
We often hear of accidents in which a child or toddler is injured. Has this become something which society accepts as the norm … that accidents do happen? Who bears liability in this case and who is responsible for safety in these situations? Accidents happen so quickly – the kind which turns a day of […]