On 4 December 2023, the Pretoria High Court will determine whether Section 10(2) of the Recognition of Customary Marriages Act is unconstitutional and should be referred to the Constitutional Court. The Court invited Adams & Adams Attorneys, together with the Gauteng Attorney’s Association, to join the proceedings as Amicus Curiae to assist the Court in […]

 Adams Adams Africa · Hot 102.7 – 11-10-2023 | Constitutional Court Changes the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce Act is inconsistent with the constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of community of […]

The needs and requirements of minor children are a vast galaxy of intricate concepts regulated by a minor child’s guardian. In terms of the South African Children’s Act (38 of 2005) a minor child’s biological parents automatically have parental rights and responsibilities, which include guardianship. A guardian must administer and safeguard a child’s property, assist […]

The legislature continues to play catchup in Family Law to ensure that the law is aligned with the Constitution and the goals which South Africa wishes to receive as a democracy, including equality. Our legislation as it stands does not regulate some religious marriages in South Africa, such as Muslim marriages. As a result, Muslim […]

Twenty-nine years into democracy, our society continues to evolve and undertake efforts to reverse the injustices of our past. The legislature plays a huge role by changing legislation to ensure that it is in line with the goals South Africa wishes to achieve. The most recent proposed change, which we welcome, is the Draft Marriage […]

In most divorces, either one of or both the parties feel wronged and aggrieved by either having to share their assets, or having any assets included in the calculation of the accrual. The Pretoria High Court recently ruled that a woman’s infidelity amounted to substantial misconduct and, as such, she forfeited her right to share […]

In many broken marriages the parties elect to remain married until their children have reached the age of majority or left the matrimonial home to obtain a tertiary education. The reality of the situation is, however, that many children between the age of 18 and 22 or even older in some instances, are still in […]

Gone are the days where spousal visas of a foreigner, who has parental responsibility and rights in South Africa, expire upon the termination of the spousal relationship which formed the basis of the visa. Foreign parents and caregivers of South African children shall now be allowed to remain in South Africa, even after their relationship […]

On 11 May 2022 the Pretoria High Court ordered that Section 7(3)(a) of the Divorce Act, 70 of 1979, is declared inconsistent with the Constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of community of property entered into before the commencement […]