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Divorce & Family Law

Asset Accrual Calculation – Accrual System on Divorce

Accrual is defined as the accumulation or increase of something over time. When referring to marriage out of community of property with accrual, we refer to a type of contract entered into by the couple before solemnising their marriage.

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Everything You Need to Know About an Antenuptial Contract in South Africa

An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.

However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.

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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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