Family Law

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antenuptial contract

Avoid costly void, voidable and putative marriages

Introduction A marriage which is void ab initio (as if it never existed) does not affect the status of the parties or confer any of the consequences of civil marriage on the parties or their children or does it? Perhaps your spouse used a “ring” to share in your hard-earned riches and hid material information […]

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Class Action

Right of Unmarried Natural Fathers to be Recognised on Birth Certificates

Introduction   Traditionally, unmarried natural mothers have enjoyed a particular privilege over unmarried natural fathers in terms of the recognition of their parental responsibilities and rights. However, with the dynamics of society changing, it has become a frequent occurrence to see unmarried natural fathers seek assistance in having themselves recognised on their child or children’s […]

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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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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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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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