Posts made in March, 2014

“Will you marry me”

Posted by on Mar 20, 2014

“Will you marry me”

The common law of a country is the law which is created over time by custom (i.e. the behaviour and norms of society) and judicial precedent (the decisions of the courts). The common law of South Africa has historically recognised a claim for breach of promise in situations where an engagement is broken off. This claim would comprise two parts: a damages claim for the embarrassment caused by the break off of the engagement; and a claim for the financial loss which the other party may have suffered as a result of the break off of the engagement. Common law, being inextricably linked to...

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Rehabilitative Maintenance During a Divorce

Posted by on Mar 12, 2014

Rehabilitative Maintenance During a Divorce

The term “rehabilitative maintenance” was coined to deal with situations where a maintenance order is set for a limited period of time before a divorce is finalised. Section 7(2) of the Divorce Act is the piece of legislaton that deals with the payment of maintenance in these situations, i.e before a settlement agreement has been reached. Section 7(2) sets out in broad terms how maintenance will be paid. To decide this, the court takes into account the following criteria about the divorcing couple: Their existing or prospective financial means Their respective earning capacities Their...

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