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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...

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...

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...

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...

When couples decide to end a marriage, one of the first questions they ask is: “How long will the divorce process take?” The answer depends largely on whether the divorce is uncontested or contested. The South African legal system provides for both, but the timelines...

A contested divorce occurs when spouses cannot agree on one or more critical issues related to the dissolution of their marriage. Unlike an uncontested divorce, where both parties reach a mutual agreement, a contested divorce involves disputes that require court...

An uncontested divorce occurs when both spouses agree on all major issues relating to the dissolution of their marriage. This includes agreements regarding child custody, visitation, maintenance (both child and spousal), and property division. Uncontested divorces are...

One of the most sensitive questions in family law concerns a child’s preference regarding custody or living arrangements. While parents often assume they have full control over these decisions, South African courts recognize that children, depending on their age and...

Protection orders are vital legal tools designed to safeguard individuals fromdomestic abuse, harassment, or threats of violence. If you or a loved one isexperiencing such threats, knowing how to apply for a protection order is essentialto ensure your safety and legal...

Domestic violence refers to abusive or violent behavior that occurs within adomestic or family setting. It involves a pattern of behavior used by one person togain power and control over another, often within intimate relationships, marriages,or between family members...

A protection order is a legal directive issued by a court designed to safeguardindividuals from domestic abuse, harassment, or threats of violence. It serves as anessential tool to help victims of abuse feel secure and establish clear legalboundaries that the...

An antenuptial contract, often referred to as a “prenup,” is a legally bindingagreement entered into by a couple before they get married. Its primary purpose isto define how assets, liabilities, and financial matters will be managed during themarriage and in the event...

Community of property is one of the primary marital regimes recognized underSouth African law. It is a legal framework that governs the ownership andmanagement of assets and liabilities between spouses during their marriage andupon its dissolution. Understanding...

Dividing property during a divorce can be one of the most complex andcontentious aspects of ending a marriage. The process depends largely on themarital regime under which the couple was married, which determines how assetsand liabilities are shared between...

When a marriage ends, spousal maintenance also known as alimony may beawarded to ensure that both parties can maintain a fair standard of living afterseparation or divorce. However, this is not a one-size-fits-all arrangement. Thecourt considers several important...

Spousal maintenance, also known as spousal support or alimony, is financialarrangement where one spouse provides monetary support to the other after aseparation or divorce. Its purpose is to ensure that the spouse who may befinancially disadvantaged after the end of...

Child support is a critical financial obligation designed to ensure that childrenreceive the care and resources they need to thrive. When a parent fails to meetthis responsibility, the consequences can be serious and far-reaching.Understanding what happens if child...

Child support plays a crucial role in ensuring that children receive the financialresources necessary for their upbringing, regardless of the relationship statusbetween their parents. One of the most common questions parents have whendealing with child support matters...