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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...

Introduction The role of grandparents in a child’s life is often profound, providing emotional stability, cultural continuity, and extended family support. However, following divorce, separation, death of a parent, or family conflict, grandparents may find their...

Introduction Divorce marks the legal dissolution of a marital relationship, but it does not terminate the parental bond between parents and their children. In South African family law, co-parenting after divorce is not merely a social ideal; it is a legal expectation...

Introduction Parental alienation represents one of the most complex and emotionally charged issues encountered in modern family law. It arises most frequently in the context of high-conflict separations and custody disputes, where one parent-intentionally or...

Introduction Social media has fundamentally altered the dynamics of modern relationships and, by extension, the nature of family law litigation. Platforms such as Facebook, Instagram, WhatsApp, TikTok, and X (formerly Twitter) now serve as digital records of personal...

Introduction The digitalisation of modern life has profoundly reshaped the evidentiary landscape in family law disputes. Communications, financial transactions, personal relationships, parenting conduct, and even emotional states are now routinely recorded, stored,...

Family law matters—ranging from divorce and child custody disputes to maintenance and guardianship issues—often involve emotionally charged conflicts that require sensitive and effective resolution mechanisms. Traditional litigation, while authoritative, can be...

The Children’s Court occupies a pivotal position within South Africa’s legal system, dedicated to safeguarding the rights, welfare, and best interests of children. Established under the Children’s Act 38 of 2005, the Children’s Court is a specialist forum designed to...

Surrogacy arrangements offer an invaluable pathway for individuals and couples unable to conceive naturally to build families. However, the legal landscape surrounding surrogacy in South Africa is complex, evolving, and fraught with potential risks. These risks can...

Surrogacy arrangements offer an invaluable pathway for individuals and couples unable to conceive naturally to build families. However, the legal landscape surrounding surrogacy in South Africa is complex, evolving, and fraught with potential risks. These risks can...

Surrogacy agreements represent a complex and evolving area of family law in South Africa, reflecting advances in reproductive technology and changing societal values regarding family formation. These agreements involve a woman (the surrogate mother) consenting to...

Step-parent adoption is a unique and sensitive form of adoption that enables a person who is married to or in a permanent life partnership with a child’s biological parent to legally become the child’s adoptive parent. This process permanently transfers parental...