by VDT Attorneys | Jun 19, 2024 | Child, Child Rights, Children’s Act, Contract
As stipulated in the Children’s Act 38 of 2005, a child, whether male or female, becomes a major upon reaching the age of 18 years. Similar to persons of unsound mind, minor children under the age of 7 do not have contractual capacity. No agreement entered into by...
by VDT Attorneys | Dec 23, 2022 | Child, Child Rights, Children’s Act, Conflict, Family, Parent, Parenting plan
Do these questions sound familiar? Whether you are in the process of divorce or have merely separated from your partner, the effect of these decisions mandates a change in family life, especially when minor children are involved. The dispute over contact rights...
by VDT Attorneys | Nov 15, 2021 | Child
The good news is you can now register your daughter under your surname! Our Constitutional Court in a very recent judgment found that the relevant provisions of the Births and Deaths Registration Act (“the Act”) that did not make provision for a child to receive the...
by VDT Attorneys | May 20, 2021 | Child, Child Support, Divorce, Family, Maintenance
To assess whether the obligation to pay maintenance or a claim for unpaid maintenance can prescribe, regard must be had to the provisions of the Prescription Act 68 of 1969 (“Prescription Act”). In the recent matter of SA v JHA and Others 2021 (1) SA 541 (WCC) this...
by VDT Attorneys | Mar 8, 2019 | Child, Commercial, Estate Planning, Testation, Trust, Will
A testamentary trust or trust mortis causa is established in a will and comes into effect upon the death of the testator (founder) of the will. Such trusts are typically used to protect the interests of minors or dependants who are unable to take care of themselves....
by VDT Attorneys | Feb 12, 2019 | Child, Employment, Family, Labour
In terms of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”) a father is currently only entitled to three days paid family responsibility leave. In November 2018 a new Labour Laws Amendment Act (“Amendment Act”) was signed into law. The Amendment Act...