by Petrus Khumalo | Feb 15, 2021 | Civil Litigation and Alternative Dispute Resolution, Family Law, Publications
In terms of our law, when parties to a divorce proceeding enter into a Consent paper that is subsequently made an order of Court, there is an expectation that one of the parties shall be liable to pay reasonable maintenance towards the minor child(ren). A maintenance...
by Hamlet Heneke | Jan 18, 2021 | Family Law, Publications
More often than not, where an employee resigns because continued employment has become intolerable to such an extent that the employee has no other alternative but to resign, such employee will claim constructive dismissal. The reality is, constructive dismissals are...
by Hamlet Heneke | Dec 7, 2020 | Civil Litigation and Alternative Dispute Resolution, Family Law, Publications
Introduction: Why sign an Antenuptial Contract The importance of an antenuptial contract cannot be over-estimated. In terms of South African Family Law, where a couple does not sign an antenuptial contract before tying the knot the marital regime applicable to their...
by Petrus Khumalo | Dec 2, 2020 | Family Law
There has recently been uncertainty and confusion in light of the Supreme Court of Appeal case of Tsambo v Sengadi [2020] ZASCA 46 (“Tsambo case”). Two of these uncertainties include the questions of whether or not lobolo constitutes marriage and whether a...
by Hamlet Heneke | Nov 1, 2020 | Family Law, News
South Africa has now taken a further step in embracing equality before the law for same-sex couples, and this step may further evaporate further risks of exposure to discrimination based on sexual orientation. Unfortunately, the change has caused a mixed bag of...
by Petrus Khumalo | Oct 15, 2020 | Contract Drafting, Family Law, Publications
To some, the idea of entering a marriage is an exciting time of their lives and one of the most important decisions in life. And while most people dream of a seamless marriage, there are other couples who choose to enter into an express or tacit agreement to live...
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