by VDT Attorneys | Mar 26, 2024 | Estate Planning, Family, Inheritance, Trust
Understanding legal considerations for minor beneficiariesIn South Africa, children under the age of 18 are considered minors and do not have the legal capacity to enter into agreements or contracts without the assistance of a legal guardian. This also impacts their...
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 | Apr 13, 2022 | Arrear maintenance, Divorce, Family
The above scenario is unfortunately quite common where exes don’t meet their responsibilities and pay maintenance. Yet, where does this leave the other spouse? Can they recover arrear maintenance or is there no remedy if the left this too long? Our Supreme Court of...
by VDT Attorneys | Sep 14, 2021 | Family, Family Law, Maintenance, Sequestration
Where an ex-spouse is in arrears with maintenance, the first step would usually be to enforce the maintenance agreement / order via the courts. However, should the spouse not have an income or ability to pay or physical assets that can be executed against, our courts...
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...
