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Divorce & Family Law
In South Africa, the concept of legal separation is not as widely recognized or commonly pursued as divorce.
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One of the challenges of GBV is that the perpetrator being released on bail and because he/she is frustrated that he/she has been exposed, metes out more attacks on the victim in retaliation. This is what the Criminal and Related Matters Amendment Act seeks to curb and minimise.
Despite having laws in place to discourage GBV and bring it under control, it is thought that the circumstances around it often make it difficult for the law to have an upper hand. Unrelenting, the legislature has made amendments to our law to curb GBV cases regardless.
The finalization of a divorce is often perceived as the closing of one chapter and the commencement of a new, separate life for former spouses.
The law in South Africa provides for couples to choose the type of matrimonial property system they prefer when entering into marriages. For those who prefer to be married out of community of property, it is required that they execute a valid Antenuptial Contract before entering into the marriage.
In South Africa an Antenuptial Contract (ANC) ought to adhere to certain prescribed formalities to be recognised as legally valid. This is very important in many respects, as spouses may later find out after so many years that the Antenuptial contract they thought was valid was, all along, not valid.
In this article we shall describe, contrast and compare the antenuptial and postnuptial contacts and as we shall see, these are some of the most important concepts in life that most of us need to familiarise ourselves with.
Seeking legal assistance before concluding a marriage will assist the parties/spouses to make informed choices regarding the matrimonial property system they prefer to be applicable to their marriage, a phenomenon which becomes critical at the time of divorce.
In a recent ruling, the Constitutional Court decided that section 1(1) of the Intestate Succession Act is unconstitutional in that it does not include life partners in relationships intended to be permanent in the definition of “spouse”.
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