Where parties have lived together for an extended period in a manner that resembles a marriage, but have not formally concluded a marriage, it is often referred to as a “common law marriage”. This term however is incorrect, as no such marriage exists in South African law. In fact, the correct term applied to this situation is “cohabitation”, however this does not by itself give rise to legal rights and obligations between the parties.

In recent years, there has been an undeniable trend that many families have chosen to emigrate from South Africa for a variety of reasons ranging from the increase in crime, to wanting a more stable political framework to superior access to education, job opportunities and healthcare.

A pressing question in law is whether unborn children have legal rights or not. This question often comes about in delictual cases where an unborn child has been harmed and is subsequently born with complications resulting from the harm. The issue that arises is then whether the harm that the child endured while still a foetus is a valid ground to claim for damages.

The duty to maintain an ex-spouse, or soon-to-be, and any dependent children is based on blood relationship, adoption, or the fact that the parties are or were married to each other.

Getting married is not quite as simple as saying “I do”. There are many legal and financial ramifications attached to a modern marriage, and it is important to know how to navigate these waters before taking the plunge.

In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related to family law in general.

In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related to family law in general.

The term “sperm donor” usually implies the donation of sperm by a man, which is to be inseminated into the person to whom the sperm was donated, for the purposes of procreation, wherein no parental rights and responsibilities attach to the donor in respect of a child born from the insemination, despite the manner of the insemination.

On Monday night, 26 April 2021, Norma Mngoma appeared to argue against testifying at the Zondo Commission. Her reasoning to the commission that her marital status somehow precluded her from testifying against her husband (Malusi Gigaba) was dismissed by commission chair Deputy Chief Justice Raymond Zondo.

Over the past six to nine months there has been a disturbing increase in the number of children being bullied at school. Parents are at their wits’ end. Educators, heads of school and governing body members are aware of these problems in their schools and simply do not know how to address them. They, too, are at their wits’ end. The statistics are frightening.

In a recent judgment delivered by the High Court in Pretoria during April 2021, rights were afforded to parents to bury or cremate a foetus that is younger than 26 weeks old. Prior to this case, no burial rights were afforded to foetus’s younger than 26 weeks. In this case, the court ruled that amendments needed to be made to the Birth and Deaths Registration Act to allow for such burials. Although the Constitutional Court still needs to endorse the ruling, the ruling has been widely welcomed by the general public.

Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily.

Once a couple is engaged, they start the wedding planning – which is quite a task. But as part of this planning how much effort does the couple allocate to considering and planning for the legal consequences of their marriage, and the affect that the marriage will have on financial planning and position later in life?

Imagine being trapped in your own home with your abuser. With no escape, and the only way out being a permit allowing you to do so. Terrifying thought, isn’t it? The thing is, for most women in South Africa, this has been their reality since the presidency imposed a nation-wide lockdown in a bid to stop the rapid spread of coronavirus, known as COVID-19.

Being a law firm that often works with families, children and schools, we are always shocked to see how early on in life children in South Africa are exposed to pornography. According to recent statistics, it has been found that the average age of exposure by children to hardcore pornography in South Africa is 10!

We see the best and worst of people in this profession and as a good psychologist friend of mine always says, “you don’t know someone until you divorce them”. Whilst I would like to think this isn’t always true, I believe the point being made is that if you ever want to test someone’s bad side, serve them with divorce papers.