Navigating The Grounds For Divorce: From Fault to No-Fault
Introduction: South Africa has seen a transformative journey in its divorce laws, a transition from the fault-based approach to the more contemporary no-fault system. This article explores the evolution of divorce laws in South Africa, delving into the historical...
Illegitimate Children’s Inheritance Rights in South Africa
Introduction Illegitimate children’s rights have been safeguarded and officially recognised in South Africa. Legal distinctions between legitimate and illegitimate offspring were eliminated by the Children’s Act of 2005, ensuring that all children...
Insight into Seeking Interim Maintenance Through Rule 43/58
Introduction When couples go through contested divorce proceedings, the process can often be prolonged, leading to financial hardships for one of the parties involved. To alleviate such difficulties, the law permits spouses to seek interim relief from the Court until...
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...
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