The Divorce Process

The divorce process – what is entailed Source: 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), 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


This article deals with separation, divorce and the divorce agreement (proprietary rights, maintenance, access and custody). Divorce Source: This article deals with separation, divorce and the divorce agreement. Divorce is a serious step. It can affect the spouses and their children for the rest of their lives. Before getting a divorce, the husband and wife… Continue Reading

South African Law Blogs

South African Law Blogs
Copyright © 2022 Bregman Moodley Attorneys | Designed By Right Click Media | Privacy Policy | See Articles | Tel: +27 (0)11 646-0335 | E-mail:
COVID-19 Update