Find practical legal guidance on divorce, child custody, maintenance, parenting plans, antenuptial contracts, domestic partnerships, and other family law matters affecting individuals and families.
It has become common for South Africans to hold a meaningful portion of their wealth outside the country, whether that is a property in Portugal, a share portfolio in the US, a trust interest in Mauritius, or a bank account in the Channel Islands. Many people assume their South African will automatically takes care of
In South Africa, if you are married in community of property, the default position is simple: when you divorce, the joint estate is divided equally. Each spouse walks away with 50% of the assets - and 50% of the debts.
When couples marry in South Africa without signing an antenuptial contract, they automatically fall under the default system: marriage in community of property.
Divorce is never easy, and one of the most stressful questions couples face is: Who gets what? In South Africa, the answer depends largely on the marital regime. If you did not sign an antenuptial contract before marriage, you are automatically married in community of property.
Marriage is not only an emotional commitment - it's also a financial one. In South Africa, unless couples sign an antenuptial contract, the default marital system is community of property. This means that everything each spouse owns before and during the marriage (with very limited exceptions) falls into a single, join
No one likes to think about death, but planning ahead can save your loved ones from conflict, confusion, and financial hardship. In South Africa, if you pass away without a valid will, the distribution of your estate is governed by the Intestate Succession Act. This law sets out exactly who inherits and in what proport
For many women considering divorce, one of the biggest fears is:
Divorce or separation is never easy - but when children are involved, the stakes are even higher. South African family law is clear: the best interests of the child are the overriding principle in every decision, whether it relates to custody, care, or contact.
Divorce is never simple—but when one spouse is mentally ill or in a prolonged state of unconsciousness, the legal and ethical questions become far more complex. Can a person in such a vulnerable condition be divorced? And if so, are there any safeguards in place to protect them from being financially or legally exploit
No one enters a marriage expecting to end it in court. Yet for many South Africans, the breaking point arrives quietly—after years of distance, hurt, or disappointment—until living together becomes impossible. At that point, the law steps in. A marriage only ends in the eyes of the state when the legal grounds for divo
When an adult loses the ability to manage their own affairs, families are often confronted with urgent and life‑altering decisions. Cognitive decline, psychiatric illness, or catastrophic injury can strip a person of the legal capacity to make financial and personal choices, leaving their assets and wellbeing exposed t
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband's second customary marriage invalid on the grounds that he had not obtained
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