Forfeiture and Divorce
Introduction In South Africa, the default position of a marriage is “in community of property,” meaning that spouses share joint ownership of assets acquired during the marriage. However, there are exceptions to this principle, allowing one spouse to claim...
Marital Property Regimes in South Africa
Introduction Marriage is not only a union of hearts but also a legal contract with significant implications. One critical aspect to consider is the choice of a marital property regime. In South Africa, there are two primary regimes: marriage in community of property...A Minor Entering Into a Contract
Introduction A minor has limited legal capacity. A minor cannot hold some of the offices of a legal subject. A minor can generally incur contractual liability if their guardian assists when the contract is concluded. However, if the contract improves the...
Functions of the family advocate’s office
Introduction Legal processes or disputes affecting families, and particularly children can often prove to be destabilising and difficult. In situations where parents are going through a divorce, or where there are disputes about care and contact over the child(ren),...
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