Paternity leave for men

From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also includes provisions for 10 weeks of parental adoption leave if the baby is under the age of two years (this applies to only one of the parents) and surrogacy […]

Choosing guardians for your minor children

Choosing guardians for your children is one of the hardest and most important decisions you will ever have to make. The thought of someone other than you raising your precious children is gut-wrenching. The worst part about it? You’ll never be fully comfortable with the choice, because no one can do as good a job […]

Ever had a maintenance issue and had no idea how the process works?

The maintenance clause in a divorce order is not final in the sense that it can never be altered. It is possible to do so by way of approaching the Maintenance Court on application for an enforcement of the maintenance order or substitution of existing maintenance order. The Maintenance Officer will consider certain factors when […]

What is the process of adoption?

Introduction The adoption process is regulated in South Africa by the Children’s Act 38 of 2005 (“the Act”). Adoption is one of the ways to help give abandoned minors a permanent or stable family life, which they would otherwise not have had. The Act provides that a child is adopted if the child has been placed in the […]

Can I avoid a drawn-out legal battle when I get divorced?

Normal procedure in an opposed divorce: Divorce proceedings can lead to a long, drawn-out and very expensive procedure if the parties are not able to reach a settlement before going to trial. Once the plaintiff issues a summons for divorce and the summons has been served on the defendant, the defendant has ten days to […]

The difficulties in relocating a child of divorced parents

I have divorced my husband and I am now the primary caregiver of our minor child. I received a job offer in another country and I would really like to accept it. My ex-husband and father of my minor child won’t consent to the relocation of our minor child. Will I get permission from the […]

The rights of a domestic partnership

Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the different legal implications of being married and merely cohabiting. Parties to a domestic partnership do not enjoy the same legal protection as married couples upon termination of […]