Divorce & Family Law
In a recent ruling, the Constitutional Court decided that section 1(1) of the Intestate Succession Act is unconstitutional in that it does not include life partners in relationships intended to be permanent in the definition of “spouse”.
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The prevalence of domestic violence incidences in our society currently, is worrying. A good number of such cases do not get reported due to various dynamics such as the perpetrator threatening the victim, or the victim being persuaded by other family members to not report the perpetrator as he/she is the ‘only bread winner’ in the family. Amidst all this, to have protection order applications being thrown out by the Courts, is not encouraging at all. In this brief article we discuss some factors which may cause a protection order application not to succeed.
The South African Police Service (SAPS) is entrusted with obligations and responsibilities in terms of the South African Police Service Act 68 of 1995 (as amended) to, inter alia, “A member who is obliged to perform an official duty, shall, with due regard to his or her powers, duties and functions, perform such duty in a manner that is reasonable in the circumstances”, as per Section 13 (3) (a).
Domestic violence in South Africa is governed by the Domestic Violence Act, 116 of 1998 (the Act). The Act was promulgated to give effect to the obligations under Sections 9, 10 and 12 (1) (c), (d), (e) as well as obligations under international conventions such as the United Nations Convention on the Elimination of all Forms of Discrimination Against Women.
Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.
While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.
The Maintenance of Surviving Spouses Act 2 of 1990 provides that of a surviving spouse to claim maintenance from the late estate of their deceased spouse, and the Executor of the estate is obliged to pay such maintenance.
The dissolution of marriage is one of the biggest decisions one can make in their lives. Due to the sometimes-grave consequences, divorce is one that the Courts do not take lightly and will only order upon evidence that a normal marriage relationship cannot be restored.
It stands to that premise therefore, that parties feel the urge to retain the matrimonial house after a divorce process. In these disagreements with regards to the house, the Courts simply apply the legal rules much to the disappointment or relief of either party.
The prevalence of single parent headed families is rampant in South Africa and in most cases the absent parent contributes little or nothing towards the upkeep of the child.
The default matrimonial property system under South African law is the community of property. Parties to a marriage are expected to clearly indicate should they wish to have a different matrimonial property system applicable in their marriage.
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