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Divorce & Family Law

Child Custody in South Africa – Frequently asked questions

When it comes to child custody laws in South Africa, there are many common questions that divorcees may want the answers to.

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How to get full custody over my child

Child custody laws in South Africa are governed by the Children’s Act which also defines parental rights and responsibilities.

Parents have a fundamental responsibility to be actively involved in their child’s lives. However, in some cases the parents are unable to find mutual grounds regarding their child’s best interests.

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Contracts Concerning Love - Cohabitation agreements

Living together unmarried has definite implications that ensure you need to plan your financial partnership very carefully. This is partly due to a lack of the obligations and protection that a marriage contract automatically provides.

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A comprehensive financial divorce checklist 

The best way to stay on top of things and keep control of the situation is to be prepared. It’s a great idea to meet with a divorce attorney to discuss your financial status. 

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Who gets parental rights and responsibilities for the child?

It is possible for more than one person to have parental rights and responsibilities, even if the person is not a biological relation of the child. 

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A divorce case relating to the forfeiture of assets

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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Divorce and the forfeiture of assets

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. 

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International abduction of a child by a parent

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.

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Obtaining contact, custody or visitation rights to your child

As a parent you and your partner both have rights and responsibilities regarding the parenting and raising of your children. 

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How Are Women Being Affected By The RCMA?

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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