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Introduction In family law, particularly in matters involving the care and custody of children, the concept of a parenting plan has gained increasing importance. A parenting plan is a formal, written agreement between parents that outlines how they will share the...

Introduction Mediation has become a cornerstone of family law dispute resolution, offering an effective alternative to adversarial litigation by promoting cooperation, confidentiality, and flexible solutions. However, mediation is not universally suitable. There are...

Introduction Family law disputes, encompassing matters such as divorce, child custody, maintenance, and property division, often present significant emotional and financial challenges. The traditional approach to resolving these disputes has been litigation, involving...

Introduction Family law disputes are often fraught with emotional tension and complex interpersonal dynamics. Traditional litigation can exacerbate conflict, incur substantial costs, and prolong resolution, ultimately impacting families, especially children,...

Introduction Family law is a complex and specialised field of law that governs a wide range of personal and relational issues—from marriage and divorce to child custody and maintenance. For clients and even legal professionals alike, understanding the precise legal...

Introduction The initial consultation with a family law attorney is a pivotal moment in any legal matter. It sets the tone for the client-lawyer relationship, establishes clear communication, and lays the foundation for effective legal strategy. However, to maximise...

Introduction Family court orders are legally binding directives issued by a judicial authority to regulate rights and responsibilities within family disputes. Whether concerning child custody, maintenance, protection from abuse, or property division, these orders are...

Introduction South Africa’s rich cultural diversity is reflected profoundly in its family law landscape, where cultural marriages particularly customary marriages, are legally recognized alongside civil marriages. The constitutional mandate to respect cultural...

Introduction Family law is uniquely positioned within the legal system to safeguard some of society’s most vulnerable individuals. Whether it is children, victims of domestic violence, economically dependent spouses, or elderly family members, the law provides...

Introduction The legal rights of children occupy a central and protected position within South African law. Far from being merely derivative of parental authority, children’s rights are independently recognised, constitutionally entrenched, and judicially enforced....

Introduction Family law is one of the most misunderstood areas of legal practice. Public perception is often shaped by anecdote, popular media, and outdated assumptions rather than by legislation, constitutional principles, and judicial precedent. These misconceptions...

Maintenance is governed by the Maintenance Act 99 of 1998. Who Can Claim Maintenance? Minor children Adult dependent children Spouses or former spouses Certain caregivers Maintenance is based on: The needs of the claimant The means of the respondent Failure to comply...

Introduction South African family law is rooted in constitutional values, legislative reform, and evolving jurisprudence that seeks to protect dignity, equality, and the best interests of children. Unlike rigid systems of the past, modern family law in South Africa...

Introduction Family law is undergoing a profound transformation, driven by evolving social norms, constitutional imperatives, technological innovation, and increasing global interconnectedness. Traditional legal frameworks once centered almost exclusively on marriage,...

Introduction Global mobility has fundamentally transformed family structures, giving rise to an increasing number of marriages, divorces, and parenting arrangements that span multiple jurisdictions. Cross-border divorce and custody disputes present some of the most...

Introduction International child abduction represents one of the most urgent and complex challenges in modern family law. It typically arises when one parent unlawfully removes a child from their country of habitual residence or retains the child abroad without the...

Introduction South Africa’s constitutional democracy is founded on equality, dignity, and freedom from discrimination. Within this framework, LGBTQ+ parenting rights are firmly protected and integrated into the broader family law system. The law recognises that...

Introduction South Africa occupies a unique and progressive position in global family law jurisprudence, having been one of the first countries to constitutionally recognise and legally protect same-sex relationships. The legal recognition of same-sex marriage has...