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Divorce & Family Law
In the case of one couple who were married in community of property, the wife (plaintiff) filed a claim for forfeiture of her husband’s (defendant) patrimonial benefits in terms of section 9(1) of the Divorce Act.
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In the past, if your were responsible for a marriage being wrecked then you could not benefit financially from it and your partner would, therefore be granted a forfeiture order.
In recent times, the number of international child abductions by a parent has risen as a result of different factors, which have made it easy for a person to travel abroad.
As a parent you and your partner both have rights and responsibilities regarding the parenting and raising of your children.
We can clearly see the dire need for an amendment of the Recognition of Customary Marriages Act in order to address uncertainties and contradictions, especially where women in customary marriages are concerned.
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