Blog

 

Breach of a Protection Order: Legal Consequences

A protection order is not merely a civil directive; it is a court order carrying direct criminal consequences. Breaching a protection order constitutes a serious offence under South African law and is treated by courts with a high degree of severity. The legal...

Emergency Protection Orders Explained

Emergency protection orders occupy a critical space within South Africa’s domestic violence jurisprudence. They are designed to provide immediate, short-term judicial intervention in situations where delay would expose a complainant to imminent harm. While often...

How to Apply for a Protection Order in South Africa

A protection order is one of the most critical legal remedies available to individuals subjected to domestic violence. It is designed to provide immediate, enforceable protection against abusive conduct while preserving the constitutional rights of all parties...

What Qualifies as Domestic Violence?

Domestic violence remains one of the most complex and misunderstood areas of family law. Contrary to popular belief, domestic violence is not limited to physical assault. South African law adopts a broad, rights-based definition that recognises the many ways in which...

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:...