Suretyship & Married In Community of Property
I recently attended a presentation advising parents who are parting ways on how to lessen the negative effects of divorce on their children. The main message Lynette Roux of the South Africa Association of Mediators passed on, was that children, particularly younger ones, need regular contact with both parents. In fact the ideal situation for the custody of children is for them to have short periods of contact with each parent every day. Inevitably though, the reality very often doesn’t accommodate this “ideal solution” suggested. Many divorcing parents are unable to make regular contact due...
Read MoreTackling the Wrongful Removal of Children in Divorce
As a result of a number of factors, the wrongful removal of children in divorce or separation by SA by parents is a major issue – and one that needs to be tackled. These factors include skyrocketing divorce rates; parents electing to live and work overseas; and people employing self-help methods to move without the consent of the other parent or court sanctions. Wrongful removal is a child custody issue that countries around the world struggle with, and is in fact monitored and governed by the Hague. (More specifically, by the Hague Convention on the Civil Aspects of International Child...
Read MoreMediation in Family Law
South Africa is populated, in the main, by citizens with limited resources. In a situation where a family related dispute arises between parties, the only way in which such disputes can be resolved is currently in a court (although this is changing). This entails the employment of family law attorneys, counsel, the incurring of huge costs and an intricate and formal process which can take an inordinately long time. Very few lay people have the time, energy or resources to embroil themselves in family law litigation (and particularly in a system which is traditionally seen as being...
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