by VDT Attorneys | Jul 14, 2021 | Divorce, Family, Wills and estates
To answer your question, we must consider the recently enacted Recognition of Customary Marriages Amendment Act which came into force on 1 June 2021 (“Amendment Act”). The Amendment Act aims to amend the Recognition of Customary Marriages Act of 1998, by further...
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 | Feb 12, 2019 | Antenuptials, Divorce, Family, Marriage
Today, the conclusion of a customary marriage is governed by the Recognition of Customary Marriages Act 120 of 1998 (“RCMA”) read together with the Matrimonial Property Act 88 of 1984 (“MPA”). For a customary marriage to be valid, the parties must be older than 18...
by VDT Attorneys | Jun 7, 2018 | Child, Child Support, Divorce, Family, Litigation, Marriage
Section 18 of the Children’s Act 38 of 2005 states that the parental responsibilities and rights in respect of a child include the responsibility and the right to contribute to the maintenance of the child. Maintenance includes the reasonable provision towards a child...
by VDT Attorneys | Jun 7, 2018 | Antenuptials, Contract, Divorce, Estate Planning, Family, Marriage
In a marriage in community of property, our South African law determines that spouses to such a marriage has one joint estate and each party to the marriage has the right to perform juristic acts with regard to the joint estate as they are equal managers of the joint...
by VDT Attorneys | Dec 14, 2016 | Divorce, Family
For purposes of divorce the pension interest in a pension fund, provident fund and/or preservation fund is defined as the benefits to which a member would have been entitled to in terms of the rules of such fund if his membership is terminated due to resignation, at...
