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Family Law

Marriage, Divorce, Families and Children

Find practical legal guidance on divorce, child custody, maintenance, parenting plans, antenuptial contracts, domestic partnerships, and other family law matters affecting individuals and families.

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Why Your Will Must Be Legally Valid and Actionable

Drafting a will is one of the most important steps in estate planning, but simply drafting one is not enough. For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they've put their wishes in writing, those wishes will a

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New Changes to Divorce Law in South Africa

South Africa is preparing for a significant overhaul of its divorce law framework. Justice Minister Mmamoloko Kubayi has announced her intention to present the General (Family) Laws Amendment Bill, 2025 to Parliament. This legislative update seeks to address gaps identified by the Constitutional Court in 2023 — particu

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Causes of Estate Administration Delays in South Africa

The process of winding up a deceased estate in South Africa is often far more time-consuming than most people anticipate. It's not unusual for it to take anywhere from six months to three years to finalise, depending on the size and complexity of the estate, as well as the preparedness of the deceased and their family.

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Who Gets the House? Property Rights in Divorce

For many couples, the family home represents far more than bricks and mortar. It holds memories, a sense of security, and emotional significance — especially when children are involved. At the same time, it is often one of the most valuable financial assets a couple owns, which makes decisions about the home critically

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Understanding the Best Interests of the Child in Divorce

When parents separate or divorce, decisions about where a child will live, who will care for them, and how they will be supported are among the most difficult and emotionally charged. In South African family law, every one of these decisions is guided by a single overriding consideration: the best interests of the chil

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Step-by-Step Guide to the Divorce Process in South Africa

Divorce is one of the most emotionally and legally significant events a person can experience. Beyond the personal and family upheaval, it also involves a structured legal process that must be carefully followed to formally end a marriage in South Africa.

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Why You Need an Antenuptial Contract in South Africa

An antenuptial contract (often called a "prenup") is a legal agreement signed by two people before they get married. In South Africa, it serves to change the default legal consequences that would otherwise apply to their marriage under the Marriage Act and Matrimonial Property Act.

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Signing Suretyships When Married in Community of Property

Signing a suretyship can seem like a standard administrative step in business or finance—until you're married in community of property. In South Africa, this matrimonial regime comes with shared ownership of assets and a unique set of legal guardrails that apply when one spouse attempts to bind the estate through perso

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Registration and Termination of Customary Marriages

A legally recognized marriage is more than a cultural tradition—it protects both spouses' financial and legal rights. Yet, many people in customary marriages assume that once the ceremonies are complete, their marriage is fully recognized under South African law. This isn't always the case.

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Customary Marriages in South Africa - What to Know

For generations, customary marriages have been central to family traditions and community structures in South Africa. But while these unions hold deep cultural and historical significance, they also carry real legal consequences—ones that many couples don't fully understand until it's too late.

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Risks and Benefits of Marriage in Community of Property

Marriage is more than just a commitment between two people—it is also a legally binding agreement that can significantly impact your financial future. One of the most important decisions couples need to make before getting married is choosing the right matrimonial property system.

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Antenuptial Contracts in Customary Marriages

Marriage is both a legal and cultural institution, and in South Africa, couples entering into customary marriages must be aware of the legal implications regarding marital property regimes. While civil marriages automatically allow for the signing of an antenuptial contract, the rules governing customary unions are mor

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