Family Law

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Mediation – is it an Alternative to Litigation?

Mediation can be described as a flexible process conducted in confidentiality, in which a neutral third party actively assists parties in working towards a negotiated agreement of a dispute or difference. This article seeks to explore whether Mediation is a suitable alternative to Litigation. Disputes in Civil Proceedings: Disputes in Civil Proceedings are commonly viewed […]

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Micro-Insurance

Rule 43 Maintenance Orders cannot be Appealed – is this Constitutional?

Introduction Rule 43 of the High Court rules provides a mechanism for a litigant in divorce proceedings to approach the court for an order granting them an interim child and/or spousal maintenance pending finalization of the divorce. It is well established that these orders cannot be appealed. But it this principle constitutional? The Issue The […]

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jurisdiction

Traveling with Minors: What are your rights?

What happens in the case of parents that wish to emigrate or travel with their minor child without the other parent? Do you need consent from the other parent? If they do not consent, what legal recourse do you have?   Introduction In 2015 regulations pertaining to minors travelling internationally were amended in the Immigration […]

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Muslim Marriages

Your guide to Maintenance of Children

The duty to support a child rests commonly on both parents and must be shared between them according to their means, to provide for clothing, housing, medical care, education, and recreation (where applicable). Section 15(3)(iii) of the Maintenance Act 99 of 1998 provides that the duty to support a child exists irrespective of whether a […]

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News item: Can Childcare and Foster grants be used as proof of income in credit applications?

A matter came before the National Consumer Tribunal (the NCT) where JMK Loans were using applicants’ childcare and foster grants as proof of income in their credit applications. The evidence showed that JMK Loans extended credit to consumers who received child support and foster care social grants. The purpose of the childcare and foster grants was […]

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