Cohabitation Agreements & Child Maintenance - Attorneys Sandton

 

Need Legal Advice?

No Matter What Your Bind We Can Help You


 


 

Cohabitation Agreements & Child Maintenance

When it comes to the maintenance of children, the law does not distinguish between married and unmarried parents. Decisions about the care of a child should be made based on the best interest of the child.

The Children’s Act 38 of 2005 provides that the father of a child who is not married to the child’s mother acquires full parental responsibilities and rights. Even in the event that the father does not live with the mother of the child at the time of the child's birth.

These responsibilities and rights include caring for the child, maintaining contact with the child, acting as a guardian of the child, and contributing to the maintenance of the child. 

Both parents, regardless of whether he or she lives with the child at the birth of the child, has a duty to maintain the child.

Thus there is an absolute legal duty to maintain a child irrespective of their living arrangements.

A child in a cohabitation relationship is protected if the couple is not married, since both biological parents are responsible for the maintenance of their child.

The mother and father are both liable for maintenance of the child, even if the couple splits up. This, however, does not apply to same sex couples, as both partners cannot share a biological link with the child.

Van Deventer and Van Deventer Incorporated

If you require legal assistance with regards to a cohabitation relationship or child maintenance, contact our attorneys at Van Deventer and Van Deventer Incorporated. We provide expert legal advice and can assist with all matter relating to family law.

 

 

[Title]Can an Antenuptial Contract be Executed After the Marriage has Already Been Entered Into?

The law in South Africa provides for couples to choose the type of matrimonial property system they prefer when entering into marriages. For those who prefer to be married out of community of property, it is required that they execute a valid Antenuptial Contract before entering into the marriage.

Read More ...
Posted by Cor van Deventer on Monday, November 20, 2023 Views: 363


[Title]Formalities of an Antenuptial Contract

In South Africa an Antenuptial Contract (ANC) ought to adhere to certain prescribed formalities to be recognised as legally valid. This is very important in many respects, as spouses may later find out after so many years that the Antenuptial contract they thought was valid was, all along, not valid.

Read More ...
Posted by Cor van Deventer on Thursday, November 16, 2023 Views: 331


[Title]Does SEC 3(1)(b) Of The RCMA Act Against Legal Certainty? - Part II

In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa. 

Read More ...
Posted by Cor van Deventer on Monday, February 21, 2022 Views: 1369