Immigration and relocation: What are your rights?
The news that your former spouse intends to emigrate, taking your children with them, is devastating. What are your rights in this difficult situation? In South Africa, all legislation related to the contact you, as a divorced parent, enjoy with your child (previously known as ‘access’) is contained in the Children’s Act of 2005. It outlines all your responsibilities in terms of caring for your child, having contact with them, maintenance and guardianship. An outstanding feature of this act is that it has been carefully formulated to look at these issues from the child’s point of view. In...
Read MoreInterview with Business Day
Watch the latest interview with Evan Pickworth at Business Day – whereby we discuss divorce, pension funds and customary marriage. Click here to watch the interview on the Business Day...
Read MoreRule 34 and Divorce Settlement Gridlock
One of the better ways of resolving a divorce is through a negotiated settlement agreement. Simply put, this involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around contact, residency and cost issues relating to childen born from the marriage. During the divorce settlement process, there may be a situation where one person (known as the plaintiff) refuses to accept a settlement offer made by the other person (known as the defendant). The person who...
Read More“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...
Read MoreRehabilitative 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...
Read MoreMarriage Finances 101: Approach getting married with a view to divorce
There are countless TV shows and bubbly pop songs which elevate and celebrate the magic of the marriage ceremony…the dress, the cake and the goodwill which accompany the manner in which young couples enter the lofty realm of matrimony. Far less attention, however, is paid to the important decision which should precede your guest lists and seating arrangements: the decision as to which matrimonial property regime you’d like to govern your marriage relationship. So let’s break it down… In South Africa there are three options to choose from: In community of property (the primary matrimonial...
Read MoreThe content in this blog is provided for general information purposes only and does not constitute legal or other professional advice. Copyright ©GillianLowndes2013