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 | 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...
by VDT Attorneys | Aug 8, 2018 | Child, Commercial, Estate Planning, Family, Trust
In South African law one must distinguish between two general types of trusts, namely a testamentary trust (established in your will) and an inter vivos trust, established in terms of a trust deed. The latter type includes your family trust. Both types of trust do not...
by VDT Attorneys | Jul 12, 2018 | Child, Child Support, Dispute resolution, Family, Litigation
As a point of departure it is important to note that our South African law as a rule does not make specific provision for a grandparent’s rights over their grandchildren. That said, our Children’s Act 38 of 2005 does provide for a way to establish such rights. In...
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 | Child, Family, Labour, Sexual Offence
A National Register for Sex Offenders (NRSO) was established in June 2009 by the Department of Justice and Constitutional Development under the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 to assist in curbing the prevalence of...
