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Legal Rights of Life Partners in South Africa

Introduction Life partnerships, often referred to as permanent or long-term relationships between unmarried partners, are increasingly common in South Africa. Many couples choose to live together without marrying, believing that the duration or seriousness of their...

Cohabitation Agreements Explained in South Africa

Introduction Cohabitation, commonly referred to as living together or being in a life partnership, has become increasingly common in South Africa. Many couples choose not to marry for personal, cultural, or financial reasons, often believing that long-term...

Can Unmarried Parents Share Custody in South Africa?

Introduction A common question posed by unmarried parents is whether it is legally possible to share custody of a child. Many assume that shared custody is reserved only for married or divorced parents. This assumption is incorrect. South African family law recognises...

How Is Child Maintenance Calculated?

There is no fixed formula for calculating child maintenance in South Africa. Maintenance is assessed on a case-by-case basis, considering: The reasonable needs of the child; Each parent’s income and earning capacity; Each parent’s financial obligations; The standard...

Child Maintenance for Unmarried Parents in South Africa

Introduction Child maintenance is one of the most common and contentious issues arising between unmarried parents. A persistent misconception is that a parent’s obligation to maintain a child depends on marriage or contact rights. In South African law, this is...

Rights of Unmarried Mothers in South Africa

Introduction In South Africa, a significant number of children are born to parents who are not married to one another. Unmarried mothers often assume primary caregiving responsibilities and may be uncertain about their legal rights and obligations, particularly when...

Parental Rights of Unmarried Fathers in South Africa

Introduction In South Africa, family structures are increasingly diverse, and many children are born to parents who are not married to one another. A common misconception is that unmarried fathers have no legal rights in respect of their children. This is incorrect....

The Consequences of Disobeying a Court Order in South Africa

In South Africa, court orders are legally binding directives issued by a court that require an individual or entity to perform or refrain from specific actions. These orders are fundamental to maintaining the rule of law, ensuring fairness, and protecting the rights...

Understanding the Maintenance Defaulter’s List in South Africa

In South Africa, the law recognizes the importance of providing financial support to children and, in some cases, spouses who are entitled to maintenance. When a parent or guardian fails to meet their court-ordered obligations, legal mechanisms are in place to enforce...

Can Unmarried Fathers Get Custody in South Africa?

In South Africa, family law recognizes the rights of both mothers and fathers when it comes to the care and custody of children. However, the legal framework surrounding unmarried fathers can be complex, and many are often unsure of their rights. The key question is:...

Can Step-Parents Adopt Stepchildren?

In modern families, blended households are increasingly common, and with them comes an important legal question: can a step-parent legally adopt their stepchildren? The answer is yes-but the process is carefully regulated by South African law and requires both consent...

Can One Family Lawyer Represent Both Parties? (South Africa)

Short answer Generally, no. In South Africa, a family lawyer may not act for both spouses in a dispute because it creates a conflict of interest. There is a narrow exception: a lawyer may act as a neutral scribe to record a settlement that the parties have already...

What Is the Age of Majority in South Africa?

In South African law, the age of majority refers to the age at which a person is legally considered an adult, with full capacity to act independently. This milestone is significant because it determines when an individual gains the legal right to make decisions...

What Is Legal Separation?

When couples experience difficulties in their marriage, divorce is not always the immediate or desired solution. In certain circumstances, couples may choose legal separation instead. While divorce legally dissolves a marriage, legal separation allows spouses to live...