Another Constitutional Challenge in Family Law

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 […]

Commercial LitigationFamily LawShani van Niekerk

Constitutional Court Changes the Divorce Act

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

Commercial LitigationFamily LawShani van Niekerk

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 […]

Commercial LitigationFamily LawShani van Niekerk

GUARDIANS OF THE GALAXY…

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 […]

Commercial LitigationFamily LawShani van Niekerk

WHAT IS FORFEITURE of ASSETS IN A DIVORCE?

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 […]

Commercial LitigationFamily LawLitigationShani van Niekerk

Court Changes divorce act

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 […]

Commercial LitigationFamily LawShani van Niekerk

Court asked to change divorce law to allow spouses married out of community of property right to claim assets

Pretoria – The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage. The estranged wife of a wealthy farmer turned […]

Commercial LitigationFamily LawShani van Niekerk

What will happen to me and my children in the midst of a pending divorce?

The start and end of the festive season sadly sees an expected rise in the onset of divorce actions. These leave many people anxious about what will happen to them financially pending divorce actions, this includes whether they will see their children or how financial commitments will be met, or even how to pay the […]

Commercial LitigationFamily LawShani van Niekerk

Divorce Lawyers: Preparation Beforehand

The Covid-19 pandemic has taken its toll on many marriages, with the divorce rate climbing to unusual heights. Family Law attorneys were inundated with divorce queries throughout the lockdown levels, and continue to receive multiple queries daily subsequent to the relaxing of the levels. Divorce is especially difficult when there are children involved. There is […]

Commercial LitigationCourtney ElsonFamily LawShani van Niekerk

Customary Marriages and “Izibizo” – Is the Tradition Becoming Extortion

South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade. However, unfortunately, with time the most sacred traditions are being opened up to abuse. In many South […]

Commercial LitigationFamily LawShani van NiekerkSikelela Masumpa