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It is again confirmed; Rule 43 proceedings cannot be appealed

What is a Rule 43 application? Rule 43 of the High rules, similar to rule 58 of the magistrate’s court, allows for a spouse that is currently going through a divorce to request maintenance for the period between the institution of the…

Parental leave extended

Until now, mothers have been entitled to unpaid leave when welcoming a new child into the world, in the form of 4 consecutive months’ “maternity leave”. Plus they can claim maternity benefits from the UIF if they are contributors.…

“YOU BROUGHT ME INTO THIS WORLD!”

When does a parent’s duty to financially support a child end? Often times where parents of children have separated and their divorce or maintenance order did not specifically deal with the amount and duration of maintenance, the waters…

Postnuptial Nightmares

The Ante Nuptial Contract (ANC) is an extremely important document, however, most people do not understand its importance or its implications.  The ANC applies to marriages out of community of property and governs what will happen to all…

My Pet, my rules?

  The Actio de Pauperie and its consequences for pet owners Owning a pet can be both rewarding and fulfilling with many pet owners adopting their pets as being part of the family. With the increase in dog-bite incidents since…

ARE YOU ENTITLED TO A PORTION OF YOUR SPOUSE’S PENSION FUND?

The Divorce Act states, that when determining the patrimonial benefits to which the parties to a divorce action are entitled, the pension interest of a party shall be deemed to form part of his/her assets. The normal result of a divorce…

THE CURRENT POSITION ON MATRIMONIAL PROPERTY LAW IN SOUTH AFRICA

The matrimonial property system which you choose before you marry will affect your whole future and your estate. You must exercise an informed choice to determine your proprietary rights during your marriage, as well as when it is dissolved,…

CUSTOMARY MARRIAGES

  Customary marriages usually start off (however this is not a requirement) by the payment of Lobola. There are various definitions for Lobola, Aeneas Chigwedere from Zimbabwe defines Lobola as “a form of marriage meant to relationships…