Browsing: family law

Galaletsang Lelaka reflects on how family courts can intimidate abuse survivors, arguing that fear, trauma, and unequal protections often silence the very people the system is meant to protect.

Financial non disclosure sinks a mother’s combined R130 000 maintenance and legal costs claim after the High Court finds she understated support and exaggerated expenses.

Husband’s bid to scrap R20 000 monthly maintenance fails after court finds no real proof of financial hardship and dismisses application with costs.

Even in a ‘dead marriage’, divorce must wait for proper asset division. In a significant ruling on community of property marriages, the Johannesburg High Court has made it clear that spouses cannot dissolve their marriage while leaving the ownership of their joint estate unresolved, warning that fairness in money must come before freedom from the marriage.

Marriage changes more than your surname. It changes how your property, debts and future security are treated in law. This guide explains how antenuptial contracts work and why every couple should understand them before saying “I do”.

The Constitutional Court has ruled that spouses in customary marriages cannot alter their property regime through private antenuptial contracts without court approval.

The High Court has confirmed that a parent does not need the other parent’s consent to enrol a child in school when refusal is unreasonable and harms the child’s daily welfare and education.

The Gauteng High Court has refused a mother’s urgent application to relocate her three children to Zimbabwe, ruling that stability and continuity of care are paramount following their father’s death.

Divorce without a lawyer in South Africa is possible, but only in uncontested cases where spouses agree on children, property, maintenance and pensions. A Conviction Expert explains the risks and requirements.

A widow and her two minor children were awarded R3.7 million by the North West High Court in a RAF loss of support claim, with damages carefully calculated after contingencies and funeral cost limits.