Source: Allen West TONKIN CLACEY PRETORIA 012 346 1278 More often than not a woman, when marrying, either retains her maiden name, assumes her husband’s surname or changes her surname to a double-barrel surname (now very popular). Similarly, on divorce, a woman either reverts to her maiden surname, retains her married name or changes her… Continue Reading
POPIA Has Finally Arrived
The Protection of Personal Information Act, 2013 (the “POPIA”) became effective on 1 July except for certain provisions that only come into force on 30 June 2021 that allow for operational readiness of the Information Regulator who polices compliance. There will be a one-year grace period within which to comply with POPIA and the Regulations… Continue Reading
Issues to consider when contemplating a divorce in South Africa
Author: Sasha Goldstein Deciding to issue divorce proceedings against your spouse is a difficult and emotional decision. Many clients are in the dark as to what needs to be considered when deciding to proceed with a divorce. Below are a few of the main issues to be considered and the most common points of contention… Continue Reading
Must divorcing parties attempt to mediate their dispute?
Mediation as a Dispute Resolution Mechanism Mediation assists both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to a court. The process reduces conflict by helping couples consider the issues that need to be settled and the various options for settlement that may be available… Continue Reading
Coping with Anger
I’m Always Angry. How to Stop Being So Angry All the Time One of the causes of divorce is uncontrolled anger on the part of the husband or wife. Here are useful tips to contain and control the anger and save the marriage. For more on Managing Anger and Emotions during Pregnancy see <https://momlovesbest.com/pregnancy/maternity-health/anger-during-pregnancy/> Source:… Continue Reading
The Divorce Process
The divorce process – what is entailed Source: https://www.westerncape.gov.za/service/getting-divorced/ A married couple can end their marriage through divorce. The process of the divorce depends on the type of marriage: Civil marriages are dissolved according to the rules in the Divorce Act. Marriages in terms of African Customary Law are dissolved according to the civil law but some of… Continue Reading
Thinking of getting divorced?
How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the “Plaintiff”) needs to prepare a divorce summons, either through the High Court or the Family Court at a local Magistrates’ Court, suing the other spouse (“the Defendant”). The person… Continue Reading
Customary Marriage and Divorce, how does it work and what is required?
Source: Shando Theron (Theron and Theron’s Divorce and Matrimonial attorneys in Johannesburg) www.divlaw.co.za, shando@divlaw.co.za Introduction: A customary marriage is one where the spouses are married in terms of custom as opposed to the laws of a country, usually referred to a as civil marriage. Civil marriages are registered with home affairs and usually the couple… Continue Reading
Party married according to Islamic law entitled to share of spouse’s pension
The Office of the Pension Funds Adjudicator has reiterated it will not discriminate against parties married under the terms of Islamic law. This position was made clear by Muvhango Lukhaimane in a determination in which she ordered Sanlam’s Staff Umbrella Pension Fund to reverse its earlier decision not to pay a complainant, Ms Z Paulse,… Continue Reading
You & Your Divorce: Coping with the Emotional Fall-Out
This is a freelance article from Gemma Cairns Divorce isn’t easy, especially when there are children involved. With all of the tasks associated with getting a divorce —telling friends and family, dividing assets and possessions, making custody arrangements—there’s a lot to be done. In the midst of all this, it’s hard for busy parents to get… Continue Reading
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